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GIFT  OF 


INDIANA 


SCHOOL  LAWS 

Enacted  by  the  General  Assembly  of  1913 


Arranged  by  the  State  Department 
of  Public  Instruction 


CHAS.  A.  GREATHOUSE 

State  Superintendent 


INDIANAPOLIS : 

WM.  B.  BUBFOBD,  CONTRACTOB  FOB  BTATB  PBINTINO  AMD  BIKDIH« 
1018 


INDIANA 


SCHOOL  LAWS 

Enacted  by  the  General  Assembly  of  1913 


Arranged  by  the  State  Department 
of  Public  Instruction 


CHAS.  A.  GREATHOUSE 

State  Superintendent 


INDIANAPOLIS  : 

WM.  B.  BURFORD,  CONTRACTOR  FOR  STATE  PRINTING  AND  BINDING 
1913 


INDIANA. 


School  Laws  Enacted  by  the  General  Assembly 
of  1913. 


This  pamphlet,  containing  those  school  laws  passed  by 
the  General  Assembly  of  1.913  that  are  of  general  interest, 
is  issued  in  the  hope  that  it  may  be  valuable  and  convenient 
to  the  school  officials  of  the  State. 

CHAS.  A.  GEEATHOUSE, 

Superintendent  of  Public  Instruction. 


TABLE  OF  CONTENTS. 


PAGE 

Emergency  expenditures  by  township 5 

Advisory  Board  may  provide  for  emergency  expenditures 5 

Township  Trustee  may  call  Advisory  Board  for  an  emergency 6 

Gall  of  Advisory  Board  for  emergency 6 

Transfer  of  funds   8 

Surplus  Road  Fund  becomes  part  of  Special  School  Fund 8 

Bonds  legalized  in  towns  and  cities 9 

Issuing  of  bonds  in  cities  of  first  class 9 

School  Trustees  of  cities  and  towns  authorized  to  incur  indebtedness 

and  issue  bonds 11 

Refunding  indebtedness  of  school  cities  and  towns 12 

Levy  to  provide  sinking  fund 13 

Loan  of  school  funds  by  County  Auditors 14 

Renewal  of  school  fund  mortgages 14 

Disposition  of  funds  not  called  for  on  dead  bodies 15 

Liability  for  debts  when  annexing  school  territory 16 

Legal  notices  must  be  published 17 

Extension  of  term  for  County  Superintendents 17 

Additional  salary  for  County  Superintendents ". 18 

Government  of  schools  for  cities  of  the  second  class 19 

School  boards  for  cities  of  the  second  class — (Ft.  Wayne) 19 

Election  of  School  Trustees  in  towns 22 

Board  of  School  Trustees  dissolved  in  towns  of  1,500  population  or  less  23 

High  School  Inspector — Appointed  by  State  Superintendent 25 

Uniform  text  books  for  high  schools 26 

Text  books — Uniform  for  high  schools 26 

Bids  called  for  the  adoption  of  text  books 27 

Establishment  of  township  high  schools 28 

Donations  of  buildings  and  grounds  for  high  schools 30 

High  school — Term  continued    30 

Depository    merchants  —  Trownship    Trustee    or    Board    of    School 

Trustees   31 

Trustee  or  Board  of  School  Trustees  may  serve  as  depository  mer- 
chants   31 

Establishment  of  public  playgrounds  and  public  baths 32 

Public  playgrounds  and  public  baths,  establishment  of 32 

Public  playgrounds — Cities  of  first  class 34 

School  buildings  used  for  public  gatherings 35 

Arbor  Day — Fixing  date  of 37 

Fire  drill — Compulsory 37 

Effects  of  alcohol  and  nicotine,  teaching  of 38 

Extermination  of  rats  ' 38 

Sanitary  buildings   41 

Tearing  down  of  old  school  buildings 44 

(3) 


School  buildings,  tearing  down  of 44 

Sale  of  old  school  buildings 45 

Powers  of  school  officers 47 

Levy — Additional  for  school  buildings 47 

Fifteen  cent  levy 47 

Wages  for  teachers — Minimum 47 

Teachers,  minimum  wages  47 

v  Qualifications   of   teachers 48 

Teachers,  qualifications  of 48 

Teachers'   examination 49 

Manuscripts  of  teachers  sent  to  State  Superintendent  for  gradation. . .  49 

Teachers'  Pension  Fund — (Terre  Haute) 50 

Teachers'  Pension  Fund — Cities  20,000-100,000 58 

Pension  Fund— Cities  20,000-100,000 58 

Transportation  of  pupils 65 

Joint  graded  school — City,  town  and  township 66 

School — Joint  graded — City,  town  and  township 66 

Petition  for  Agricultural  and  Domestic  Science  School 90 

Agricultural  and  Domestic  Science  School,  petition  for 90 

Public  Library— Cities  fifth  class 91 

Legal  holiday— Discovery  Day  92 

Holiday — Discovery    Day 92 

Levy — State  Revenue — General  Fund 68 

Taxation— State  Revenue— Levy   69 

Educational  Institution  Fund—  Levy   69 

Levy — Educational  Institution  Fund 69 

Educational  Institution  Fund — Unexpended  balance 70 

Public  bequests — Exempt  from  taxation 71 

Compulsory  attendance  of  children 71 

Vocational  education   81 

Enumeration — Soldiers  and   Sailors 93 

Acts  of  School  Board  legalized — (French  Lick) 95 

State  song 96 

Song,  State 96 

Flower,  State 96 

State  flower  .  96 


SCHOOL  LAWS  OF  1913. 


[H.    21.     Approved   March    6,    1913.] 

Township — Emergency  Expenditures — Called  Meeting  Ad- 
visory Board. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  section  one  of  the  above  entitled  act 
be  amended  to  read  as  follows :  Section  1.  That  section 
six  be  amended  to  read  as  follows:  Section  6.  Upon  a 
special  call  of  the  township  trustee,  or  the  chairman  of  the 
advisory  board  or  a  majority  of  the  members  of  said  board, 
given  in  writing  to  each  member  thereof,  stating  the  time, 
place  and  purpose  of  the  meeting,  said  board  may,  if  a  quo- 
rum be  present,  by  consent  of  a  majority  of  all  the  members 
present,  determine  whether  an  emergency  exists  for  the 
expenditure  of  any  sums  not  included  in  the  existing  esti- 
mates and  levy.  In  the  event  that  such  an  emergency  is 
found  to  exist  said  board  may  authorize  by  special  order 
entered  and  signed  upon  the  record,  the  trustee  to  borrow  a 
sum  of  money  to  be  named  sufficient  to  meet  such  emer- 
gency; and  at  the  next  annual  session  of  the  board  a  levy 
shall  be  made  to  the  credit  of  the  fund  for  which  such  ex- 
penditure is  made  to  cover  and  pay  the  debt  so  created: 
Provided,  however,  That  if  at  any  annual  or  special  meet- 
ing of  said  board  it  shall  be  found  indispensably  necessary 
to  provide  for  the  construction  of  a  school  building,  the  cost 
of  which  building  or  the  proportionate  cost  thereof  if  the 
same  be  a  joint  graded  high  school  building  will  be  in  excess 
of  the  sum  available  therefor  out  of  any  annual  levy,  then 
in  that  event,  such  board  may  authorize  such  trustee  to 
issue  township  warrants  or  bonds  to  pay  for  such  building, 
or  the  proportionate  cost  thereof,  such  warrants  or  bonds 
to  run  for  a  period  of  not  exceeding  fifteen  (15)  years;  and 
to  bear  not  exceeding  six  per  centum  per  annum,  and  to  be 
sold  for  not  less  than  par;  the  township  trustee,  before 
issuing  such  warrants  or  bonds,  shall  advertise  that  bonds 
are  to  be  sold  in  not  less  than  one  issue  a  week  for  three 


weeks,  in  one  paper  of  general  circulation  in  the  county  and 
one  paper  of  general  cLX'culation  in  the  state  capital,  setting 
forth  the  amount  of  bonds  offered,  the  denomination,  the 
period  to  run,  rate  of  interest  and  the  date,  place  and  hour 
of  selling.  The  township  advisory  board  shall  attend  the 
sale  of  bonds  and  shall  concur  therein  before  such  bonds  are 
sold.  The  board  shall  annually  levy  sufficient  taxes  to  pay 
at  least  one-fifteenth  of  such  warrants  or  bonds,  with  inter- 
est, each  year,  and  the  trustee  shall  apply  such  annual  tax 
to  the  payment  of  such  warrants  or  bonds  each  year.  In  no 
event  shall  a  debt  of  the  township  be  created  except  by  the 
advisory  board  of  such  township,  and  in  the  manner  herein 
specified,  and  any  payment  of  any  debt  not  so  authorized 
from  the  public  funds  of  such  township  shall  be  recoverable 
upon  the  bond  of  the  trustee  in  a  suit,  which  it  is  hereby 
made  the  duty  of  said  board  to  institute  and  prosecute  in 
the  name  of  the  state,  for  the  use  of  said  township.  And 
said  board  is  hereby  empowered  to  appropriate,  and  the 
township  trustee  shall  pay  out  of  the  township  funds  a 
reasonable  sum  for  attorney's  fees  for  such  purpose.  And 
if  the  board,  on  the  written  demand  of  any  taxpayer,  fails 
for  thirty  (30)  days  to  bring  suit,  then  such  or  any  other 
taxpayer  may  bring  the  same,  in  the  name  of  the  state,  for 
the  use  of  the  township :  Provided,  however,  Nothing  con- 
tained herein  shall  affect  any  pending  litigation. 

Emergency. 

SEC.  2.  Whereas,  an  emergency  exists  for  the  immediate 
taking  effect  of  this  act,  the  same  shall  be  in  full  force  and 
effect  from  and  after  its  passage. 

[H.  544.     Approved  March   10,   1913.] 

Township   Trustee — Meeting  of  Advisory  Board — Emer- 
gency Expenditures. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  section  one  (1)  of  the  above  entitled 
act  be  amended  to  read  as  follows :  Section  1.  Upon  the  spe- 
cial call  of  the  township  trustee,  or  the  chairman  of  the  ad- 
visory board,  or  of  a  majority  of  the  members  of  a  township 
advisory  board,  given  in  writing  to  the  several  members  of 


such  board,  and  the  township  trustee,  stating  the  time,  pur- 
pose and  place  of  the  meeting,  said  board  may,  if  a  quorum 
be  present,  by  the  consent  and  action  of  a  majority  of  all 
members  of  the  board  present,  determine  the  necessity  and 
whether  an  emergency  exists  for  the  expenditure  of  any 
sum  or  sums  not  included  in  the  existing  estimates  and 
levy.  In  the  event  that  such  emergency  exists,  the  board 
may  authorize  by  special  order  entered  and  signed  upon 
record,  the  trustee  to  borrow  a  sum  or  sums  not  included  in 
the  existing  estimates  and  levy  to  meet  the  demands  for 
any  road  machinery,  road  dredge,  bridges,  dredge  or 
dredges,  or  township  machinery  for  hoisting  road  materi- 
als, or  other  township  business ;  and  at  the  next  annual  ses- 
sion of  the  board  a  levy  shall  be  made,  the  same  to  be  cred- 
ited to  the  fund  for  .which  such  expenditure  is  made  to  cover 
the  debt  so  created :  Provided,  however,  That  if  at  the  an- 
nual or  special  meeting  of  said  board  it  shall  be  found  indis- 
pensably necessary  to  provide  for  the  construction  of  a 
school  building,  purchase  of  any  road  machinery,  road 
dredge,  bridges,  dredge  or  dredges  or  township  machinery 
for  hoisting  road  materials,  or  other  township  business,  the 
cost  of  which  necessity  exists,  or  the  proportionate  cost 
thereof  will  be  in  excess  of  the  sum  or  sums  available  there- 
for out  of  the  funds  of  the  annual  levy,  then  and  in  that 
event,  such  advisory  board  may  authorize  the  trustee  of  such 
township  to  issue  township  warrants  or  bonds  to  pay  for 
such  debts  so  created,  and  if  the  same  be  for  a  joint  graded 
high  school  building  the  township  warrants  shall  be  only  for 
the  proportional  part  or  share  of  the  debt  for  which  the 
township  shall  be  liable;  the  said  township  warrants  or 
bonds  to  run  for  a  period  of  not  exceeding  ten  (10)  years, 
and  they  shall  bear  interest  at  a  rate  not  exceeding  six  per 
centum  per  annum,  which  bonds  or  township  warrants  shall 
be  sold  by  the  trustee,  with  the  assent  of  the  advisory  board 
of  the  said  township,  for  not  less  than  par,  and  such  advis- 
ory board  shall  annually  levy  sufficient  taxes  to  pay  at 
least  one-tenth  of  such  township  warrants  or  bonds,  with 
the  annual  interest  thereon;  the  trustee  of  such  township 
shall  apply  the  annual  tax  levy  collected  each  year  from 
such  levy  on  the  township  warrants1  bonds  and  the  interest 
thereon.  In  no  event  shall  a  debt  of  the  township  be  ere- 


a 

ated  except  by  the  advisory  board  of  such  township,  and  in 
the  manner. herein  specified,  and  any  payment  of  any  debt 
not  so  authorized  from  the  public  township  funds  by  a  trus- 
tee shall  be  recoverable  upon  the  bond  of  the  trustee,  in  a 
suit,  which  it  is  hereby  made  the  duty  of  the  advisory  board 
of  such  township,  to  institute  and  prosecute  in  the  name 
of  the  state,  for  the  use  of  the  said  township.  And  said 
board  is  hereby  empowered  to  appropriate,  and  the  town- 
ship trustee  shall  pay  out  of  the  township  funds,  a  reason- 
able attorney's  fee  for  such  purpose.  And  if  the  said  ad- 
visory board  on  the  written  demand  of  any  taxpayer,  fails 
for  thirty  (30)  days  to  bring-  suit,  then  such  taxpayer  or 
any  other  taxpayer  of  the  said  township  may  bring  the  ac- 
tion in  the  name  of  the  state  for  the  use  of  the  said  town- 
ship: Provided,  ho-wercr,  That  nothing'  in  this  act  shall 
affect  any  pending  litigation. 

Repeal. 

SEC.  2.  All  laws  and  parts  of  laws  in  conflict  with  any 
of  the  provisions  of  this  act  are  hereby  repealed. 

Emergency. 

SEC.  3.  Whereas,  an  emergency  exists  for  the  immedi- 
ate taking  effect  of  this  act,  the  same  shall  be  in  full  force 
and  effect  from  and  after  its  passage. 

[S.  325.     Approved  March   12,   1913.] 

Township  Trustee — Advisory  Boards — Transfer  of  Funds. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  if  it  appears  to  the  advisory  board 
of  any  township  in  the  State  of  Indiana,  at  the  next  annual 
September  meeting  of  such  board,  that  there  is  a  surplus 
of  the  road  funds  of  such  township  that  will  not  be  needed 
for  road  purposes  then  such  advisory  board  may,  by  a  unan- 
imous vote,  pass  a  resolution  and  spread  the  same  upon 
the  minutes  of  such  board,  directing  the  trustee  of  such 
township  to  transfer  all  or  any  specified  portion  of  such  sur- 
plus road  fund,  to  the  special  school  fund  of  such  township, 
and  when  any  such  advisory  board  shall  make  any  such  or-- 
der  it  shall  be  the  duty  of  the  trustee  to  transfer  said  fund 


in  compliance  to  such  order,  which  fund  so  transferred  shall 
become  a  part  of  the  special  school  fund  of  such  township 
and  be  used  for  special  school  purposes. 

[H.    156.     Approved   March   6,   1913.] 

Schools — Bonds  Legalized. 

SECTTOX  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  all  bonds  heretofore  issued  by  the 
order  and  direction  of  the  board  of  school  trustees  or  other 
authorities  of  any  school  city  or  school  town  of  this  state 
under  color  of  any  statute  of  this  state,  pursuant  to  the  or- 
der and  direction  of  the  common  council  or  board  of  trus- 
tees of  such  city  or  town,  for  the  building  of  school  houses 
where  necessary  to  build  and  repair  the  same  for  the  use  of 
such  school  city  or  school  town,  and  such  school  trustees 
having  failed  to  comply  with  the  laws  of  the  State  of  In- 
diana in  respect  to  the  proper  construction  and  sanitary 
conditions  of  the  same,  are  hereby  legalized;  and  all  pro- 
ceedings or  acts  of  any  such  board  of  trustees  of  such  city 
or  town  under  which  said  bonds  were  issued,  are  hereby 
fully  legalized,  and  declared  valid. 

Pending  Litigation. 

SEC.  2.  Nothing  in  this  act  contained  shall  be  so  con- 
strued as  to  affect  any  pending  litigation. 

Emergency. 

SEC.  3.  Whereas,  an  emergency  exists  for  the  immediate 
taking  effect  of  this  act,  the  same  shall  be  in  full  force  and 
effect  from  and  after  its  passage. 

[H.    142.     Approved   March    7,    1913.] 

Schools — Cities  First  Class — Right  to  Issue  Bonds. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  the  common  school  corporation  in 
each  city  of  this  state  of  one  hundred  thousand,  or  more, 
inhabitants,  according  to  the  last  preceding  United  States 
census,  shall  in  addition  to  all  other  powers  granted  it  by 


10 

law,  have  power  to  borrow  money  and  issue  its  bonds  there- 
for as  hereinafter  provided,  viz :  Each  such  common  school 
corporation  is  hereby  authorized  and  empowered  to  issue 
and  sell  its  bonds,  in  such  amounts  and  denominations  as 
the  board  of  school  commissioners  thereof  may  deem  ad- 
visable, but  not  a  face  amount  in  the  aggregate  in  excess 
of  five  hundred  thousand  dollars  ($500,000)  principal,  for 
the  purpose  of  realizing  money  to  be  used  in  paying  for  the 
construction  of  a  library  building,  or  library  buildings,  for 
a  main  library  or  branch  libraries,  or  both,  and  in  paying 
for  the  equipping  of  such  building  or  buildings  and  for  the 
improvement  of  the  grounds  surrounding  such  buildings. 
Such  bonds  shall  be  known  as  "library  building  bonds," 
and  they  shall  bear  interest  at  a  rate  not  exceeding  four 
and  one-half  (4-J)  per  centum  per  annum,  and  the  interest 
shall  be  paid  semi-annually.  Such  bonds  shall  be  sold  by 
the  school  city  issuing  them  at  not  below  par  and  shall 
mature  not  more  than  forty  (40)  years  from  their  date. 
They  may  be  issued  all  at  one  time  or  from  time  to  time, 
but  in  no  event  in  an  aggregate  principal  sum  of  more  than 
five  hundred  thousand  dollars  ($500,000).  No  bond  issued 
under  the  authority  of  this  act  shall  be  delivered  until  the 
money  therefor  shall  have  been  paid  to  the  treasurer  of  the 
school  city  issuing  it  and  interest  thereon  shall  begin  to 
accrue  at  the  time  of  such  delivery.  Preparatory  to  offer- 
ing any  such  bonds  for  sale  by  any  such  school  city,  its 
board  of  school  commissioners  shall  give  notice  for  not 
less  than  three  weeks  of  the  date  fixed  for  the  sale  and  in 
the  notice  give  a  brief  description  of  the  bonds  and  of  the 
mode  of  bidding,  and  inviting  bids.  Such  notice  shall  be 
by  advertisement,  one  time  each  week  for  three  successive 
weeks,  in  one  newspaper  published  in  the  city  wherein  the 
school  corporation  is  located  and  in  one  newspaper  pub- 
lished in  the  city  of  New  York,  and  by  such  other  method 
of  advertising,  if  any,  as  the  board  of  school  commissioners 
may  prescribe.  The  said  board  shall  sell  the  bonds  to  the 
highest  and  best  bidder,  reserving,  however,  in  its  adver- 
tisements and  notices,  the  right  to  reject  any  and  all  bids. 
The  proceeds  arising  from  all  sales  of  bonds,  made  in  pur- 
suance of  this  act,  shall  be  kept  in  a  separate  fund  and  to  be 
known  as  the  "library  building  fund"  and  be  used  only  for 


11 

the  purposes,  or  for  some  one  or  more  of  the  purposes,  here- 
inbefore referred  to  as  objects  for  which  such  bonds  are 
authorized  to  be  issued. 

[H.  700.     Approved  March  10,  1913.] 

Schools  —  Cities  and  Towns  —  School  Buildings  —  School 
Trustees  May  Issue  Evidences  of  Indebtedness. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  section  one  (1)  of  the  above  entitled 
act  be  amended  to  read  as  follows,  to  wit :  Section  1.  That 
section  1  of  an  act  entitled  "An  act  authorizing  and  em- 
powering boards  of  trustees  of  school  cities  of  all  cities  in- 
corporated under  the  general  laws  of  this  state,  and  boards 
of  trustees  of  school  towns  of  incorporated  towns,  to  bor- 
row money  and  issue  their  notes  or  bonds  therefor;  pro- 
viding conditions  on  which  such  debt  may  be  incurred,  and 
to  levy  a  tax  to  pay  the  same,  for  the  purpose  of  buy- 
ing grounds  and  paying  for  necessary  school  buildings,  or 
repairs  on  the  same  and  declaring  an  emergency, "  ap- 
proved March,  9,  1903,  be  and  the  same  is  hereby  amended 
to  read  as  follows :  Section  1.  That  in  all  cities,  except 
cities  of  the  first  and  second  class,  of  the  State  of  Indiana, 
which  are  incorporated  under  the  general  laws  of  the  state, 
and  in  incorporated  towns  of  this  state,  the  boards  of  school 
trustee  in  such  city  or  incorporated  towns  are  hereby  au- 
thorized and  empowered  to  borrow  money  and  to  issue 
their  bonds  or  notes  of  such  school  city  or  school  town,  such 
bonds  or  notes  to  bear  interest  at  a. rate  not  exceeding  five 
per  centum  per  annum,  and  payable  at  such  times  within 
twenty-five  (25)  years  from  date  as  such  school  board  may 
determine.  The  money  obtained  as  a  loan  on  such  bonds  or 
notes  shall  be  disbursed  by  order  of  such  board  in  payment 
of  expenses  incurred  in  buying  grounds,  building  school 
houses  or  in  making  repairs  on  school  buildings  heretofore 
erected  for  such  school  city  or  town,  and  for  no  other  use  or 
purpose  whatsoever.  Before  any  such  debt  is  incurred,  such 
school  officers  shall  give  notice  by  publication  for  three  con- 
secutive weeks  in  some  newspaper  published  in  such  city  or 
town,  and  if  none  be  so  published,  then  in  some  newspaper 
of  general  circulation  in  such  city  or  town,  or  by  posting 


12 

such  notice  in  five  public  places  in  such  city  or  town  for 
three  weeks,  which  notices  shall  state  the  aggregate  debt 
proposed  to  be  incurred,  the  location  of  real  estate,  if  it  be 
proposed  to  buy  real  estate;  the  character  and  size  of  the 
building  to  be  erected,  and  the  nature  of  the  improvement 
proposed :  Provided,  That  no  board  of  trustees  shall  create 
any  indebtedness  including  all  outstanding  indebtedness  ex- 
ceeding two  per  centum  of  the  taxable  property  of  such  city 
or  town,  as  ascertained  by  the  last  assessment  for  state  and 
county  taxes  previous  to  the  incurring  of  the  said  indebt- 
edness: and  Provided,  further,  That  said  bonds  or  notes 
shall  not  be  sold  at  a  less  rate  than  one  hundred  (100)  cents 
on  the  dollar. 

Emergency. 

SEC.  2.  Whereas  an  emergency  exists  for  the  immedi- 
ate taking  effect  of  this  act,  the  same  shall  be  in  full  force 
and  effect  from  and  after  its  passage. 

[S.   180.     Approved  March   15,    1913.] 

Schools — Cities  and  Towns — Refunding. 

SECTION  1.  Be  it  enacted  ~by  the  general  assembly  of  the 
State  of  Indiana,  That  in  all  cities  of  the  State  of  Indiana, 
which  are  incorpo rated  under  the  general  laws  of  the  state, 
and  in  all  incorporated  towns  of  this  state,  when  the  school 
city  or  school  town  of  any  such  city  or  incorporated  town 
is  indebted  at  the  time  of  the  passage  of  this  act,  which  in- 
debtedness is  evidenced  by  bonds,  notes  or  other  obliga- 
tions heretofore  issued  or  negotiated  by  any  such  school 
city  or  school  town,  for  the  purpose  of  funding  or  refunding 
such  indebtedness  or  any  part  thereof,  reducing  the  rate  of 
interest  thereon,  extending  the  time  of  payment  thereof, 
and  cancelling  so  much  thereof  as  may  be  due  or  which 
shall  become  due,  the  board  of  school  trustees  of  any  school 
city  or  school  town,  in  such  cities  or  incorporated  towns, 
are  hereby  authorized  to  issue  the  bonds  of  such  school 
city  or  school  town,  with  interest  coupons  attached,  for  an 
amount  not  exceeding  in  the  aggregate  the  whole  amount 
of  the  indebtedness  of  such  school  city  or  school  town,  which 
bonds  may  be  in  any  denomination  not  less  than  fifty 


13 

($50.00)  dollars  nor  more  than  one  thousand  ($1,000.00) 
dollars  and  shall  be  payable  at  any  place  named  therein 
and  at  a  time  not  later  than  twenty-five  years  from  the 
date  thereof,  bearing  interest  not  exceeding  four  and  two- 
fifths  per  cent,  per  annum,  payable  annually  or  semi-an- 
nually,  as  such  board  of  school  trustees  of  any  such  school 
city  or  school  town  may  negotiate  such  bonds  at  any  market 
or  place  at  not  less  than  par.  In  the  event  any  city  or  in- 
corporated town  in  this  state  prior  to  the  taking  effect  of 
this  act,  shall  have  issued  its  bonds,  notes  or  other  obliga- 
tions for  the  purpose  of  procuring  funds  with  which  to  buy 
school  grounds  or  erecting  school  buildings,  or  repairing 
such  school  buildings,  and  the  proceeds  derived  by  reason 
of  the  sale  of  such  bonds  ha've  been  used  by  the  school  cities 
or  school  towns  of  any  such  city  or  incorporated  town  for 
the  purpose  of  buying  grounds  for  school  purposes,  or 
erecting  buildings  or  making  improvements  to  school  build- 
ings, then  it  shall  be  lawful  for  the  board  of  school  trustees 
of  any  such  school  city  or  school  town  in  such  cities  or  in- 
corporated towns  and  they  are  hereby  authorized  to  issue 
and  negotiate  the  bonds  of  such  school  city  or  school  town 
for  the  purpose  of  funding  or  refunding  such  indebtedness 
or  any  part  thereof  for  the  same  purposes  and  in  the  same 
manner  and  on  like  terms  and  conditions  as  provided  for 
in  this  section  in  other  cases :  Provided,  That  this  act  shall 
not  be  construed  as  authorizing  and  empowering  trustees 
of  such  school  cities  or  school  towns  to  issue  funding  or  re- 
funding bonds  for  any  indebtedness  than  [that]  may  be 
created  after  the  taking  effect  of  this  act,  except  as  herein 
provided, 

Levy — Sinking  Fund — Interest. 

SEC.  2.  For  the  purpose  of  paying  bonds  issued  as  pro- 
vided in  the  foregoing  section,  the  board  of  school  trustees 
of  any  such  school  city  or  school  town  shall  add  to  the  tax 
duplicates  thereof  annually,  a  levy  sufficient  to  pay  all  year- 
ly interest  on  said  bonds  and  may  provide  a  sinking  fund 
for  the  liquidation  of  the  principal  thereof  when  it  shall 
become  due.  which  sinking  fund,  together  with  the  interest, 
increase  of  profit  thereon,  shall  be  applied  to  the  payment  of 
said  bonds  and  to  no  other  purpose. 


Repeal. 

SEC.  3.  All  laws  or  parts  of  laws  in  conflict  herewith  are 
hereby  repealed. 

Emergency. 

SEC.  4.  Whereas,  an  emergency  exists  for  the  immediate 
taking  effect  of  this  act  the  same  shall  be  in  full  force  from 
and  after  its  passage. 

[S.   546.     Approved  March    14,    1913.] 

County  Auditors — School  Funds — Loan  on  Mineral  Land. 

SECTION  1.  Be  it  enacted  by  ike  general  assembly  of  the 
State  of  Indiana,  That  where  coal  or  other  minerals  under- 
lie the  surface  of  real  estate,  that  the  auditor  of  the  county 
where  said  real  estate  is  situated  is  hereby  authorized  to 
loan  the  principal  of  all  moneys  belonging  to  the  school 
fund  to  an  amount  not  to  exceed  fifty  per  cent,  of  the  sur- 
face value  of  said  real  estate,  secured  by  a  mortgage,  and 
said  loan  to  be  made  in  all  other  respects  as  now  provided 
by  law. 

Emergency. 

SEC.  2.  Whereas  an  emergency  exists  for  the  immedi- 
ate taking  effect  of  this  act  the  same  shall  be  in  full  force 
and  effect  from  and  after  its  passage. 

[H.   675.     Approved   March   15,   1913.] 

Schools — Renewal  of  School  Fund  Mortgages — Duties  of 
Auditor. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  all  mortgagors  of  the  common  school, 
congressional  school  and  permanent  endowment  funds,  held 
in  trust  by  their  respective  counties  wherein  such  mortgage 
exists,  shall,  at  the  expiration  of  five  (5)  years  from  the 
date  of  the  original  loan,  be  required  to  give  notice  to  the 
said  auditor  of  said  county  that  they  desire  to  continue 
such  Joan.  That  upon  the  receipt  of  such  notice  the  auditor 
shall  notify  the  appraisers  of  the  district  wherein  such 


15 

mortgaged  premises  are  located,  who  shall  proceed  to  view 
and  appraise  such  mortgaged  premises,  and  shall  upon  oath 
fix  the  actual  cash  value  thereon,  without  regard  to  the 
amount  of  the  present  existing  loan.  If  the  said  mortgaged 
premises  are  reappraised  at  an  amount  equal  to  double  the 
amount  of  the  loan,  it  shall  be  so  recorded  by  said  auditor, 
which  said  procedure  shall  be  sufficient  for  a  further  con- 
tinuation of  such  mortgaged  school  loan  for  the  period  of 
five  (5)  years  from  the  expiration  of  the  said  original  loan: 
Provided,  however,  That  if  the  second  appraisement,  made 
for  the  purpose  of  said  continuation,  be  not  sufficient,  and 
is  less  than  double  the  amount  of  the  original  loan,  such 
mortgagor  shall  pay  into  the  treasury  a  sufficient  sum  to 
reduce  said  loan  to  one-half  of  said  appraisement.  The 
cost  for  said  renewal  shall  be  fifty  (50)  cents  each  to  the 
appraisers,  and  fifty  (50)  cents  to  said  auditor  for  record- 
ing said  continuation. 

Repeal. 

SEC.  2.  All  laws  or  parts  of  laws  in  conflict  with  this  act 
are  hereby  repealed. 

Emergency. 

SEC.  3.  Whereas,  an  emergency  exists  for  the  immediate 
taking  effect  of  this  act,  the  same  shall  be  in  full  force  and 
effect  from  and  after  its  passage. 

[S.  489.    Approved  March   13,   1913.] 

County  Coroners — Funds  Not  Called  For — Disposition. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  section  twelve  of  said  act  be  and  the 
same  is  hereby  amended  to  read  as  follows :  Section  12.  It 
shall  be  the  duty  of  the  treasurer  if  the  money  aforesaid 
shall  not  be  called  for  within  one  year  from  the  time  of  re- 
ceiving the  same,  to  place  said  sum  of  money  to  the  credit  of 
the  common  school  fund  principal,  and  where  there  is  any 
money  now  heretofore  loaned  by  the  county  treasurer  on 
account  of  the  provisions  of  this  act,  then  said  money,  prin- 
cipal and  interest  shall  become  a  part  of  the  common  school 
fund  of  th'e  state  as  soon  as  practicable. 


16 

SEC.  2.  Whereas,  an  emergency  exists  for  the  immediate 
taking  effect  of  this  act  the  same  shall  be  in  force  from  and 
after  its  passage. 

[H.  18.     Approved  February  28,  1913.] 

Annexation  School  Territory — Liability  for  Debts. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  section  1  of  an  act  entitled  "An  act 
to  provide  for  the  reimbursement  of  school  townships 
where  school  property  belonging  thereto  has  been  or  shall 
hereafter  be  annexed  to  any  city  or  incorporated  town,  and 
declaring  an  emergency";  approved  March  3,  1899, "  be 
and  the  same  is  hereby  amended  to  read  as  follows,  to  wit : 
Section  1.  In  all  cases  where  any  city  or  incorporated  town 
of  this  state  shall  hereafter  annex  any  territory,  or  where 
any  town  shall  be  hereafter  incorporated  in  which  territory 
so  annexed  or  incorporated  there  shall  be  the  property  of 
any;  school  township  used  by  such  school  township  for 
school  purposes,  and  such  school  township  shall  be  at  the 
date  of  such  annexations,  indebted  either  for  the  purchase 
of  said  school  property,  or  for  buildings  constructed  there- 
on, it  shall  and  is  hereby  made  the  duty  of  the  school  cor- 
poration of  such  city  or  incorporated  town  to  pay  such  in- 
debtedness, and  such  school  corporation  is  hereby  declared 
to  be  and  made  liable  therefor.  Until  such  city  or  town 
school  corporation  shall  have  paid  such  indebtedness,  it 
shall  not  be  entitled  to  a  deed  therefor,  and  if  such  indebt- 
edness is  paid  by  said  school  township,  such  school  town- 
ship shall  be  entitled  to  recover  the  amount  so  paid  from 
said  city  school  corporation  with  interest  at  the  rate  of  six 
per  cent,  per  annum  from  date  of  payment,  and  on  pay- 
ment of  such  amount  the  said  school  corporation  shall  be 
entitled  to  a  deed  of  such  property  as  now  by  law  provided. 
Whenever  any  annexation  of  such  property  has  been  made 
prior  to  the  passage  of  this  act  and  subsequent  to  the 
passage  of  the  act  of  which  this  is  amendatory,  then  liabil- 
ity on  the  part  of  such  annexing  city  or  town  for  any  such 
indebtedness  remaining  unpaid  at  the  time  of  the  passage 
of  this  act,  shall  be  under  this  act  the  same  as  if  such  an- 


17 

nexation  had  taken  place  subsequent  to  the  passage  of  this 
act. 

Emergency. 

SEC.  2.  Whereas  an  emergency  exists  for  the  immediate 
taking  effect  of  this  act,  therefore  the  same  shall  be  in  full 
force  and  effect  from  and  after  its  passage. 

[H.   68.    Approved  March   15,   1913.] 

Legal  Notices — Where  Published. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  in  all  cases  where  now,  in  township 
or  county  business,  the  law  provides  for  the  publication  of 
legal  notices  in  a  weekly  newspaper,  it  shall  be  lawful  here- 
after to  make  such  publications  in  either  a  daily  or  weekly 
newspaper. 

Repeal. 

SEC.  2.  All  laws  or  parts  of  laws  inconsistent  with  this 
act,  are  hereby  repealed. 

Emergency. 

SEC.  3.  Whereas,  there  is  an  emergency  existing  for  the 
immediate  taking  effect  of  this  act,  it  shall  be  in  force  and 
effect  from  and  after  its  passage. 

[H.   305.     Approved   March   4,    1913.] 

County  Superintendents — Extension  of  Term. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  o/  the 
State  of  Indiana,  That  section  one  (1)  of  the  above  entitled 
act  be  amended  to  read  as  follows :  Section  1.  The  town- 
ship trustees  of  each  county  of  this  state  shall  meet  at  the 
office  of  the  auditor  of  their  county  on  the  first  Monday  in 
June,  1917,  at  ten  o'clock  a.  m.,  and  every  four  years  there- 
after, and  elect  by  ballot  a  county  superintendent  for  their 
county.  Such  county  superintendent  shall  enter  upon  the 
duties  of  his  office  on  August  16th  following  and  unless 


2—32737 


18 

sooner  removed,  shall  hold  his  office  until  his  successor  is 
elected  and  qualified.  Before  entering  upon  the  duties  of 
his  office  he  shall  subscribe  and  take  an  oath  to  perform 
faithfully  such  duties  according  to  law;  which  oath  shall  be 
filed  with  the  county  auditor.  He  shall  also  execute  a  bond, 
to  the  approval  of  the  county  auditor,  payable  to  the  State 
of  Indiana,  in  the  penal  sum  of  five  thousand  dollars,  condi- 
tioned upon  the  faithful  discharge  of  his  duties,  according 
to  law,  and  faithfully  to  account  for  and  pay  over  to  the 
proper  persons  all  moneys  which  may  come  into  his  hands 
by  virtue  of  such. office.  As  soon  as  such  bond  be  filed,  the 
county  auditor  shall  report  the  name  and  postoffice  of  the 
person  so  elected  to  the  state  superintendent  of  public  in- 
struction. Whenever  a  vacancy  may  occur  in  the  office  of 
county  superintendent  the  said  township  trustees,  on  at 
least  three  days '  notice  given  by  the  county  auditor,  shall 
assemble  at  ten  o'clock  a.  m.,  on  the  day  designated  in  such 
notice  at  the  office  of  such  auditor,  and  fill  such  vacancy  by 
ballot  for  the  unexpired  term.  In  all  elections  of  a  county 
superintendent  the  county  auditor  shall  be  the  clerk  of  such 
election ;  and  in  case  of  a  tie  vote  the  auditor  shall  cast  the 
deciding  vote.  In  case  any  one  candidate  shall  receive  a 
number  of  votes  equal  to  one-half  of  all  the  trustees  of  the 
county,  the  county  auditor  shall  then  and  at  all  subsequent 
ballots  cast  his  vote  with  the  trustees  until  some  candidate 
shall  receive  a  majority  of  all  the  votes  in  the  county,  in- 
cluding the  county  auditor.  Such  auditor  shall  keep  a  rec- 
ord of  such  election  in  a  book  kept  for  that  purpose. 

[S.  208.  Approved  February  28,  1913.] 

County  Superintendents — Additional  Salary. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  in  counties  containing  more  than 
seventy-seven  thousand  inhabitants,  according  to  the  last 
preceding  United  States  census,  the  board  of  county  com- 
missioners of  each  of  such  counties  shall  be,  and  hereby  is, 
authorized,  upon  the  petition  of  fifty  resident  freeholders 
of  such  county,  to  .allow  an  addition  to  the  salary  of  the 
county  superintendent  of  schools  therein,  such  as  in  the 
judgment  of  such  board  the  conditions  in  such  county  and 


19 

the  work  required  of  such  superintendent  therein  may  jus- 
tify, not  exceeding  one  thousand  dollars  a  year  payable  to 
such  county  superintendent  of  schools  in  monthly  install- 
ments out  of  the  treasury  of  the  county. 

Emergency. 

SEC.  2.  Whereas,  an  emergency  exists  for  the  immediate 
taking  effect  of  this  act,  it  shall  be  in  force  from  and  after 
its  passage. 

% 

[S.  135.     Approved  February  19,  1913.] 

Cities — Second  Class — Government  of  Schools. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  the  government  of  the  common 
schools  in  cities  having  a  population  of  more  than  sixty- 
three  thousand  inhabitants  and  less  than  sixty-nine  thou 
sand  inhabitants,  according  to  the  last  preceding  United 
States  census,  shall  be  vested  in  a  board  of  school  trustees, 
which  shall  consist  of  three  members,  elected  in  the  manner 
hereinafter  provided. 

School  Corporations — Separate  from  Civil  Corporations. 

SEC.  2.  Such  cities  are  hereby  declared  to  be  and  are 
made  school  corporations  for  school  purposes,  separate  and 
distinct  from  the  civil  corporations  of  the  same  cities,  and 
shall  be  known  and  designated  as  the  school  city  of  (naming 
the  city) ;  and  the  several  boards  of  school  trustees  of  such 
cities  shall  represent  and  be  vested  with  all  the  authority 
and  powers  of  school  cities,  and  with  the  management  and 
control  of  the  common  schools  thereof. 

General  School  Laws  Applicable. 

SEC.  3.  The  general  school  laws  of  this  state  and  all  laws 
and  parts  of  laws,  applicable  to  the  general  system  of  com- 
mon schools  in  cities,  and  not  inconsistent  therewith,  shall  be 
in  full  force  in  such  cities ;  and  such  boards  of  school  trus- 
tees shall  also  have  and  exercise  all  the  powers  heretofore 
and  hereafter  conferred  upon  the  school  trustees  of  the 
same  or  other  cities  of  the  state. 


20 

Qualifications  of  School  Board. 

SEC.  4.  The  members  of  such  board  of  school  trustees 
shall  be  at  least  twenty-live  years  of  age,  residents  of  the 
city,  and  shall  have  been  such  residents  of  the  city  for  at 
least  three  years  immediately  preceding  their  election. 
They  shall  be  ineligible  to  any  elective  or  appointive  office 
under  such  board  of  school  trustees  and  under  the  govern- 
ment of  such  city  while  holding  membership  on  said  board. 
They  shall  not  be  interested  in  any  contract  with,  or  claim 
against  the  school  city  in  which  they  are  elected,  either  di- 
rectly or  indirectly:  Provided,  That  this  act  shall  not  be 
construed  to  prevent  anyone,  otherwise  eligible,  who  is  con- 
nected as  officer  or  stockholder  in  financial  institutions  hold- 
ing school  fund  deposits  under  the  state  depository  law 
from  holding  such  office  as  school  trustee.  If  at  any  time 
after  the  election  of  -any  member  of  said  board,  he  shall  be- 
come interested  in  any  such  contract  with,  or  claim  against 
said  school  city,  he  shall  thereupon  be  disqualified  to  con- 
tinue as  a  member  of  said  board,  and  a  vacancy  shall 
thereby  be  created.  Every  member  of  said  board  shall,  be- 
fore assuming  the  duties  of  his  office,  take  an  oath  before 
some  one  qualified  to  administer  oaths  that  he  possesses  all 
the  qualifications  required  by  this  act,  that  he  will  honestly 
and  faithfully  discharge  the  duties  of  his  office,  that  he  will 
not,  while  serving  as  a  member  of  such  board,  become  in- 
terested directly  or  indirectly,  in  any  contract  with,  or  claim 
against  said  school  city,  and  that  he  will  not  be  influenced 
during  his  term  of  office,  by  any  consideration  of  politics  or 
religion,  or  anything  except  that  of  merit  and  fitness  in  the 
appointment  of  officers  and  the  engagement  of  employes. 
Each  member  of  such  board  of  school  trustees  shall  receive 
for  his  services  herein  such  compensation  as  the  common 
council  of  the  city  shall  fix,  which  compensation  shall  be 
paid  out  of  the  special  school  revenue  of  the  city. 

How  Elected. 

SEC.  5.  The  said  board  of  school  trustees  shall  be  elected 
as  follows :  The  common  council  of  each  city  coming  under 
the  provisions  of  this  act  shall  annually  hereafter,  at  a  reg- 
ular meeting  of  such  common  council  in  the  month  of  June, 
elect  one  school  trustee,  who  shall  hold  office  for  a  term  of 


21 

three  years,  from  the  first  day  of  the  next  succeeding 
August.  Such  trustee  together  with  those  whose  terms  of 
office  have  not  expired  shall  meet  within  five  days  after  the 
first  day  of  August,  1913,  and  annually  thereafter,  and  or- 
ganize by  electing  one  of  their  number  president,  one  sec- 
retary, and  one  treasurer.  The  treasurer,  before  entering 
upon  the  duties  of  his  office,  shall  execute  a  bond  to  the  ac- 
ceptance of  the  county  auditor,  in  the  sum  of  fifty  thousand 
dollars,  conditioned  as  an  ordinary  official  bond,  with  a  re- 
liable surety  company  or  at  least  two  sufficient  freehold 
sureties,  who  shall  not  be  members  of  such  board,  as  surety 
or  sureties  on  such  bond.  The  president  and  secretary  shall 
each  give  bond,  with  like  surety  or  sureties,  to  be  approved 
by  the  county  auditor,  in  the  sum  of  twenty-five  thousand 
dollars:  Provided,  That  such  boards  of  school  trustees 
may  purchase  said  bonds  from  some  reliable  surety  com- 
pany, and  pay  for  them  out  of  the  special  school  revenue  of 
their  respective  cities.  All  vacancies  that  may  occur  in  said 
board  of  school  trustees  shall  be  filled  by  the  common  coun- 
cil at  any  regular  meeting,  but  such  election  to  fill  a  vacancy 
shall  only  be  for  the  unexpired  term:  and  Provided  fur- 
ther, That  the  present  incumbents  of  the  offices  of  school 
trustees  in  any  cities  coming  under  the  provision  of  this 
act  shall  hold  their  offices  until  the  expiration  of  the  terms 
for  which  they  have  been  elected  or  appointed. 

Applies  to  Other  Cities — When. 

SEC.  6.  Whenever  any  city  which  has  not  the  requisite 
population  to  bring  it  within  the  provision  of  this  act  shall, 
according  to  any  United  States  census  hereafter  taken,  have 
a  population  of  more  than  sixty- three  thousand  inhabitants 
and  less  than  sixty-nine  thousand  inhabitants,  then  this  act 
shall  in  all  respects  apply  to  and  govern  such  city  from 
thenceforth. 

Pending  Litigation — Present  Members. 

SEC.  7.  The  intendment  of  this  act  is  and  shall  be  that  it 
shall  not  effect  any  impending  litigation  but  the  same  shall 
be  concluded  and  judgment  rendered  and  enforced  as  if  this 
act  had  never  been  passed;  and  that  all  school  trustees,  in 
cities  coming  under  the  provisions  of  this  act,  who  are  now 


22 

serving  unexpired  terms  in  such  office,  shall  fill  out  such  un- 
expired terms  under  the  provisions  of  this  act  the  same  as 
if  they  had  been  elected  to  such  office  under  the  provisions 
of  this  act. 

Emergency. 

SEC.  8.  Whereas,  an  emergency  exists  for  the  immediate 
taking  effect  of  this  act,  the  same  shall  be  in  full  force  and 
effect  from  and  after  its  passage. 

[S.   377.     Approved  March   14,   1913.] 

Schools — Towns — Election  of  School  Trustee. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  in  the  election  of  school  trustees  in 
incorporated  towns,  the  board  of  trustees  of  incorporated 
towns,  shall  vote  by  ballot  and  such  voting  shall  continue 
until  some  competent  person  receives  a  majority  of  all 
votes  cast  or  until  such  meeting  adjourns  or  the  voting- 
ceases  by  a  majority  vote  of  the  members  of  the  board  of 
town  trustees.  Should  an  election  fail  to  occur  at  any  one 
regular  meeting,  then  at  the  next  regular  meeting,  the  board 
of  trustees  shall  again  proceed  to  the  election  of  a  school 
trustee  or  trustees,  in  like  manner  and  under  the  same  con- 
ditions and  should  no  election  occur  at  such  meeting,  then 
the  board  of  trustees  may  determine  then  and  there  whether 
to  take  further  votes  at  some  later  meeting  and  so  on  from 
one  regular  meeting  to  another  until  an  election  occurs  or 
until  such  board  of  trustees  shall  determine  by  a  majority 
vote  to  cease  trying  to  elect;  and,  no  person  be  permitted 
to  vote  except  they  be  a  qualified  member  of  said  body  and 
the  clerk  of  the  board  of  trustees  shall  preside  at  such  elec- 
tion but  shall  have  no  vote.  In  all  cases  where  no  election 
takes  place,  the  present  incumbent  shall  continue  to  serve 
until  an  election  does  occur  and  until  his  successor  shall  be 
elected  and  qualifies  and  all  official  acts  of  any  member  so 
holding  over  and  the  official  acts  of  any  such  board  during 
such  time,  will  be  valid  as  though  an  election  should  have 
taken  place :  Provided,  That  this  act  shall  not  change  the 
time  of  election  of  school  trustees  or  the  terms  of  present 
incumbents  except  in  cases  where  no  successor  is  elected  as 


23 

herein  provided;    nor  shall  it  affect  cities  that  have  by 
special  act,  a  different  mode  of  election  prescribed  by  law. 

Supplementary  Act. 

SEC.  2.  This  act  is  supplementary  in  its  nature  and  re- 
peals only  such  laws  as  may  be  in  conflict  therewith. 

[H.   329.     Approved  March   8,    1913.] 

Schools — Board  of  Trustees — Dissolved. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  any  incorporated  town  in  the  state, 
that  has  no  school  indebtedness,  the  inhabitants  of  which  do 
not  exceed  fifteen  hundred,  as  shown  by  the  last  preceding- 
general  census,  may,  through  its  town  board  of  trustees, 
abandon  and  discontinue  its  management  and  control  of 
public  schools  within  such  incorporated  town,  and  abolish 
the  board  of  school  trustees  therein.  Whenever  a  town  so 
discontinuing  its  board  of  school  trustees  shall  desire  to 
again  take  control  of  its  school  affairs  the  town  board  may 
on  petition  signed  by  a  majority  of  the  resident  freeholders, 
pass  an  ordinance  to  that  effect  and  appoint  a  board  of 
school  trustees;  Provided,  That  whenever  a  town  passes 
such  ordinance  to  again  take  control  of  its  school  affairs  as 
herein  above  provided,  it  shall  be  the  duty  of  the  county 
assessor,  county  auditor  and  county  superintendent  of 
schools,  to  act  as  an  appraising  board  to  determine  what  if 
any  equitable  right  the  township  has  in  the  school  property 
thus  taken  over  and  to  determine  the  extent  to  which  such 
town  is  indebted  to  the  township,  and  the  board  of  town 
trustees  shall  pay  over  to  the  township  such  amount  as-  has 
been  so  determined,  before  said  town  shall  be  permitted  to 
take  over  the  schools :  Provided,  further,  That  such  school 
property  shall  not  be  appraised  and  taken  over  by  the  town 
as  above  provided  unless  a  majority  of  the  resident  free- 
holders in  the  township  residing  outside  of  said  town,  con- 
sent to  such  transfer:  Provided,  further,  That  no  town 
board  shall  dissolve  the  school  corporation  except  by  con- 
sent of  a  majority  of  the  freeholders  therein. 


24 

Conveyance  of  Property  to  Township. 

SEC.  2.  The  town  board  of  trustees  of  any  such,  incorpo- 
rated town,  upon  deciding  to  abandon  and  discontinue  the 
control  of  the  public  schools  therein,  shall  make  or  cause  to 
be  made  a  good  and  sufficient  deed,  conveying  all  real  estate 
belonging  to  such  school  town  to  the  township  trustee  of  the 
township  in  which  such  incorporated  town  is  located;  and 
shall  transfer  all  the  personal  property  and  fixtures  belong- 
ing to  such  school  town  to  such  township  trustee,  all  of 
which  shall  be  accepted  and  held  by  such  township  trustee 
for  the  use  and  purposes  of  the  school  township  wherein 
such  town  is  located :  Provided,  That  when  any  such  incor- 
porated town  shall  be  located  in  two  or  more  contiguous 
counties,  the  children  of  school  age  who  are  residents  of 
such  incorporated  town  shall  be  entitled  to  the  same  school 
privileges  in  such  incorporated  town  as  the  children  of 
school  age  who  are  residents,  exclusively  of  the  township 
which  has  assumed  ownership  and  control  of  such  school 
and  school  property.  And  all  school  revenue  which  is  paid 
or  which  may  hereafter  be  paid  by  that  portion  of  such 
incorporated  town  lying  outside  of  the  township  which  has 
assumed  control  and  ownership  of  such  school  and  school 
property,  shall  be  paid. to  the  township  trustee  of  the  town- 
ship wherein  such  school  is  located,  in  the  same  way  and 
manner  as  such  revenues  were  paid  to  the  school  trustees  of 
such  incorporated  town  before  such  town  relinquished  con- 
trol and  possession  of  such  school  and  school  property. 

Township  Control. 

SEC.  3.  After  the  requirements  set  forth  in  the  preceding 
section  are  complied  with,  the  township  trustee  shall  have 
full  and  complete  control  of  all  the  schools  within  such 
town  and  shall  conduct  the  same  as  provided  for  by  law  for 
the  other  schools  of  such  township.  And  all  children  of 
school  age  residing  outside  of  the  township  in  which  such 
school  and  school  property  is  situated  but  within  the  limits 
of  any  such  incorporated  town,  as  herein  provided,  shall 
possess  all  the  rights  and  privileges  to  attend  the  school  or 
schools  located  within  such  incorporated  town,  the  same  as 
though  they  lived  in  the  township  wherein  such  school  or 
school  property  is  located 


25 

Repeal. 

SEC.  4.  That  an  act  entitled  "An  act  permitting  incor- 
porated towns  not  exceeding  fifteen  hundred  inhabitants  to 
discontinue  school  boards,  and  provisions  made  for  transfer 
of  school  property  to  township  trustees,"  approved  March 
3,  1899,  and  an  act  entitled  "An  act  to  amend  section  one 
and  the  title  of  an  act  entitled  'An  act  permitting  incorpo- 
rated towns  not  exceeding  fifteen  hundred  inhabitants  to 
discontinue  school  boards  and  provisions  made  for  transfer 
of  school  property  to  township  trustees, '  ' '  approved  March 
3, 1899,  approved  March  4, 1911,  be  and  the  same  are  hereby 
repealed. 

Emergency. 

SEC.  5.  Whereas,  an  emergency  exists  for  the  immediate 
taking  effect  of  this  act,  the  same  shall  be  in  full  force  and 
effect  from  and  after  its  passage. 

[H.   605.     Approved  March   10,   1913.] 

Schools — State  Superintendent  of  Public  Instruction — High 
School  Inspector. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  the  state  superintendent  of  public 
instruction  with  the  approval  of  the  state  board  of  educa- 
tion, shall  appoint  a  high  school  inspector  who  shall  act 
under  the  direction  of  the  state  superintendent  and  the  state 
board  of  education.  The  duties  conferred  by  law  upon  the 
state  board  of  education  in  making  inspections  of  high 
schools  shall  be  performed  by  the  high  school  inspector. 
The  high  school  inspector  shall  be  paid  a  salary  of  two 
thousand  five  hundred  dollars  ($2,500)  annually  and  he 
shall  be  allowed  his  necessary  expenses  while  engaged  in 
the  performance  of  his  duties. 

Appropriation. 

SEC.  2.  An  amount  to  pay  the  salary  and  expenses  of  the 
high  school  inspector  is  hereby  appropriated  out  of  the  state 
treasury  from  moneys  not  otherwise  appropriated. 


3—32377 


26 


[S.    154.     Approved   March   3,    1913.] 

Schools — Uniform  Text  Books. 

SECTION  1.  Be  it  enacted  l)y  the  general  assembly  of  the 
State  of  Indiana,  That  the  state  board  of  education  shall 
constitute  a  board  of  commissioners,  for  the  purpose  of 
making  a  selection,  or  procuring  the  compilation  for  use  in 
the  high  schools  of  the  State  of  Indiana,  of  text  books,  as 
prescribed  in  this  act. 

Said  board  shall  select  single  text  books  in  the  following 
subjects:  Algebra;  geometry;  commercial  arithmetic ;  his- 
tory; United  States,  ancient,  mediaeval  and  modern;  civil 
government;  physical  geography;  commercial  geography; 
history  of  English  literature;  history  of  American  litera- 
ture; English  composition  and  rhetoric;  Latin — begin- 
ning Latin,  Latin  grammar,  .prose  composition,  Caesar, 
Cicero,  Virgil;  German  conversational  method  grammar 
and  grammatical  method  grammar. 

The  board  shall  select  four  elective  text  bi/oks  in  each  of 
the  following  subjects :  Botany;  zoology;  physics;  chem- 
istry; agriculture;  agricultural  botany. 

Said  board  may  select  single  or  elective  text  books  in  any 
additional  subjects  not  included  in  this  section,  which  are 
taught  in  any  high  school  or  any  subject  which  may  here- 
after be  included  in  the  curriculum  of  any  high  school, 
whenever  any  high  school  shall  determine  to  teach  such 
subject,  and  whenever  such  selection  is  made  by  said  board, 
the  text  book  so  selected  shall  be  used  in  all  high  schools  in 
the  State  of  Indiana,  teaching  said  subject. 

State  Board  of  Education — Duties. 

SEC.  2.  In  selecting  books  for  high  schools,  said  board  of 
commissioners  shall  be  subject  to  and  governed  in  all  re- 
spects, so  far  as  applicable  by  the  provisions  of  an  act 
entitled  "An  act  entitled  an  act  to  create  a  board  of  com- 
missioners for  the  purpose  of  securing  for  use  in  the  com- 
mon schools  of  the  State  of  Indiana  of  a  series  of  text  books, 
defining  the  duties  of  certain  officers  therein  named  with 
reference  thereto,  making  appropriations  therefor,  defining 
certain  felonies  and  misdemeanors,  providing  penalties  for 
the 'violation  of  the  provisions  of  said  act,  repealing  all 


27 

laws  in  conflict  therewith  and  declaring  an  emergency," 
approved  March  2,  1889,  and  all  amendments  thereto,  so  far 
as  applicable  shall  apply  to  the  selection  of  said  text  books 
and  all  matters  relating  thereto  under  the  provisions  of  this 
act,  except  that  the  said  board  of  commissioners  shall  have 
power  to  fix  the  price  limit  of  any  text  book  or  series  of  text 
books. 

[S.  464.     Approved  March  12,  1913.] 

Schools— Text  Books— Bids  Called  For. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  section  2  of  the  above  entitled  act  be 
amended  to  read  as  follows :  Section  2.  The  board  of  com- 
missioners shall  advertise  for  twenty-one  consecutive  days 
in  two  daily  papers  published  in  this  state,  having  the  larg- 
est circulation,  that  at  a  time  and  place  to  be  fixed  by  said 
notice,  and  not  later  than  six  months  after  the  first  publica- 
tion thereof  said  board  will  receive  sealed  proposals  on  the 
following : 

First.  From  publishers  of  school  text-books,  for  furnish- 
ing books  to  the  school  trustees  of  the  State  of  Indiana  for 
use  in  the  common  schools  of  this  state,  as  provided  in  this 
act,  for  a  term  of  five  years,  stating  specifically  in  such  bid 
the  price  at  which  each  book  will  be  furnished,  and  accom- 
panying such  bid  with  specimen  copies  of  each  and  all  books 
proposed  to  be  furnished  in  such  bid. 

Second.  From  authors  of  school  text-books,  who  have 
manuscripts  of  books  not  published,  for  prices  at  which  they 
will  sell  their  manuscript,  together  with  the  copyright  of 
such  books,  for  use  in  the  public  schools  of  the  State  of 
Indiana. 

Third.  From  persons  who  are  willing  to  undertake  the 
compilation  of  a  book  or  books,  or  a  series  of  books,  as  pro- 
vided for  in  section- one  (1)  of  this  act,  the  prices  at  which 
they  are  willing  to  undertake  such  compilation  of  any  or  all 
of  such  books  to  the  acceptance  and  satisfaction  of  the  said 
board  of  commissioners :  Provided,  That  any  and  all  bids 
by  publishers,  herein  provided  for,  must  be  accompanied  bv 
a  bond  in  the  penal  sum  of  fifty  thousand  dollars,  with 
resident  freehold  surety,-  to  the  acceptance  and  satisfaction 
of  the  governor  of  this  state,  conditioned  that  if  any  con 


28 

/ 

tract  be  awarded  to  any  bidder  hereunder,  such  bidder  will 
enter  into  a  contract  to  perform  the  conditions  of  his  bid  to 
the  acceptance  and  satisfaction  of  said  board:  and  Pro- 
vided, further,  That  no  bid  shall  be  considered  unless  the 
same  be  accompanied  by  the  affidavit  of  the  bidder  that  he  is 
in  nowise,  directly  or  indirectly,  connected  with  any  other 
publisher  or  firm  who  is  now  bidding  for  books  submitted  to 
such  board,  nor  has  any  pecuniary  interest  in  any  other 
publisher  or  firm  bidding  at  the  same  time,  and  that  he  is 
not  a  party  to  any  compact,  syndicate  or  other  scheme 
whereby  the  benefits  of  competition  are  denied  to  the  people 
of  this  state :  And  be  it  further  provided,  That  if  any  com- 
petent author  or  authors  shall  compile  toy  one  or  more 
books  of  the  first  order  of  excellence,  and  shall  offer  the 
same  as  a  free  gift  to  the  people  of  this  state,  together  with 
the  copyright  of  the  same  and  the  right  to  manufacture  and 
sell  such  works  in  the  State  of  Indiana  for  use  in  the  public 
schools,  it  shall  be  the  duty  of  such  board  of  commissioners 
to  pay  no  money  for  any  manuscript  or  copyright  for  such 
book  or  books  on  the  subject  treated  of  in  the  manuscript  so 
donated ;  and  such  board  shall  have  the  right  to  reject  any 
and  all  bids,  and  at  their  option  such  board  shall  have  the 
right  to  reject  any  bid  as  to  a  part  of  such  books,  and  to 
accept  the  same  as  to  the  residue  thereof. 

[H.   328.    Approved  March   7,   1913.] 

Schools — Township  High  Schools — How  Established. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  in  each  township  of  this  state  having 
an  assessed  valuation  of  more  than  six  hundred  thousand 
dollars  ($600,000)  of  taxable  property  and  wherein  there  is 
not  now  established  a  high  school,  and  wherein  there  is  not 
situate  a  city  or  town  maintaining  a  high  school,  and  where- 
in for  each  of  the  two  years  last  past  there  have  been  eight 
or  more  graduates  of  the  township  elementary  schools, 
residing  in  such  township,  the  township  trustee  may  estab- 
lish and  maintain  therein,  a  high  school  or  a  joint  high 
school  and  elementary  school,  and  employ  competent  teach- 
ers therefor;  whenever  a  majority  of  parents,  guardians, 
heads  of  families,  or  persons,  having  charge  of  children. 


29 

who  were  enumerated  for  school  purposes  in  said  township, 
at  the  last  preceding  enumeration,  petition  the  trustee  of 
said  township  to  establish  and  maintain  a  high  school  or 
joint  high  school  and  elementary  school,  said  trustee  shall 
establish  and  maintain  such  a  school  petitioned  for. 

Amount  of  Taxable  Property  Required. 

SEC.  2.  That  in  each  township  in  this  state  having  an 
assessed  valuation  of  more  than  six  hundred  thousand  dol- 
lars ($600,000)  of  taxable  property  and  wherein  there  is  not 
now  established  a  high  school  in  such  township  or  in  any 
town  within  such  township  and  where  there  is  no  high 
school  within  three  miles  of  any  boundary  line  of  such  town- 
ship, and  wherein  for  each  of  the  two  years  last  past  there 
have  been  eight  or  more  graduates  of  the  township  ele- 
mentary schools,  residing  in  such  township,  the  township 
trustee  shall  establish  and  maintain  therein  a  high  school 
and  employ  competent  teachers  therefor. 

Location  of  School — Petition. 

SEC.  3.  The  location  of  such  school  shall  be  determined 
by  the  township  trustee :  Provided,  That  upon  the  petition 
of  ten  parents,  guardians,  heads  of  families,  or  persons, 
having  charge  of  children  who  are  graduates  of  the  ele- 
mentary schools  and  who  were  enumerated  for  school  pur- 
poses at  the  last  preceding  enumeration,  for  another  loca- 
tion other  than  the  one  determined  upon  by  said  township 
trustee,  the  matter  shall  be  appealed  to  the  county  superin- 
tendent of  schools,  who  shall  determine  upon  the  location 
of  said  building  and  his  decision  shall  be  final,  and  said 
township  trustee  shall  proceed  in  the  execution  of  the  pro- 
visions of  this  act. 

Emergency. 

SEC.  4.  Whereas,  an  emergency  existing  for  the  imme- 
diate taking  effect  of  this  act,  the  same  shall  be  in  full  force 
and  effect  from  and  after  its  passage. 


[H.  564.     Approved  March   15,   1913.] 

Schools — Buildings  and  Grounds  for  High  Schools — County 
Commissioners  Authorized  to  Accept. 

SECTION  1.  Be  it  enacted  ~by  the  general  assembly  of  the 
State  of  Indiana,  That  section  one  of  an  act  entitled  an  act 
to  amend  the  first  section  of  an  act  to  enable  counties  to 
receive  donations  of  buildings  and  grounds  for  high  school 
purposes  and  to  provide  for  the  maintenance  of  the  same 
and  to  declare  an  emergency  approved  February  17,  1905, 
be  and  the  same  is  hereby  amended  to  read  as  follows :  Sec- 
tion 1.  That  whenever  any  person  or  persons  shall  donate 
to  any  county  of  the  state,  any  building,  or  buildings,  to- 
gether with  the  necessary  grounds,  of  4;he  value  of  not  less 
than  $10,000,  in  counties  having  a  population  of  less  than 
twenty -five  thousand  (25,000)  and  of  the  value  of  twenty 
thousand  ($20,000)  dollars  in  counties  having  a  population 
in  excess  of  twenty-five  thousand  (25,000)  for  the  purpose 
of  maintaining  a  county  high  school  or  county  agricultural 
school  therein,  it  shall  be  the  duty  of  the  board  of  county 
commissioners  of  such  county  to  accept  such  donation  for 
the  purpose  herein  named. 

Emergency. 

SEC.  2.  Whereas,  an  emergency  exists  for  the  immediate 
taking  effect  of  the  act,  therefore  the  same  shall  be  in  force 
and  effect  from  and  after  its  passage. 

[H.   214.    Approved   March  3,   1913.] 

Schools — Term  Continued. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  section  one  (1)  of  the  above  entitled 
act  be  amended  to  read  as  follows :  Section  1.  That  in  any 
township  or  incorporated  town  in  which  a  non-commis- 
sioned or  a  commissioned  or  certified  high  school  has  been 
or  may  hereafter  be  established,  when  the  school  trustee  of 
such  township  or  the  school  trustees  of  such  incorporated 
town  deem  it  unwise  or  inexpedient  to  continue  the  term  of 
the  elementary  schools  for  the  period  required  for  a  com- 
missioned or  a  certified  high  school,  said  trustees  are  au- 


31 

thorized  to  continue  the  non-commissioned,  commissioned 
or  certified  high  school  of  said  school  corporation  for  a  term 
not  to  exceed  that  required  for  a  commissioned  high  school. 

Emergency. 

SEC.  2.  Whereas  an  emergency  exists  for  the  immediate 
taking  effect  of  this  act,  the  same  shall  be  in  full  force  and 
effect  from  and  after  its  passage. 

[H.   587.     Approved   March   14,    1913.] 

Schools — Sale  of  Text  Books — County  Superintendent  May 
Appoint  Township  Trustee  or  Board  of  School  Trus- 
tees as  Depository  Merchants. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  section  one  (1)  of  the  above  entitled 
act  be  amended  to  read  as  follows :  Section  1.  That  on  and 
after  the  taking  effect  of  this  act,  every  contract  made  by 
the  state  board  of  education  as  a  state  board  of  school  book 
commissioners  for  furnishing  school  books  shall  provide 
that  the  county  superintendent  of  schools  in  each  county  of 
the  state  shall  appoint  some  dealer  or  merchant  within  the 
county  to  act  as  a  depository  for  the  sale  and  distribution 
of  school  books  contracted  for  by  such  board  of  school  book 
commissioners,  and  he  shall  contract  with  said  dealer  or 
merchant  to  carry  a  sufficient  supply  of  said  adopted  books 
to  supply  the  trade  in  the  county,  and  to  sell  the  same  at 
contract  price,  except  to  other  dealers  and  merchants  within 
the  county,  to  whom  he  shall  sell  the  books  for  cash  at  a 
discount  of  ten  per  cent.  (10%)  from  the  contract  price. 
The  said  depository  merchant  or  dealer  shall  also  contract 
with  said  county  superintendent  to  furnish  to  each  publisher 
holding  a  contract  with  the  State  of  Indiana  under  this  act, 
satisfactory  evidence  of  his  financial  responsibility,  or  fur- 
nish a  surety  bond  covering  the  estimated  amount  of  sales 
to  be  made  by  him  in  any  year,  whereupon  the  said  contract 
or  or  publisher  shallsell  to  said  dealer  all  books  ordered  by 
him  at  a  discount  of  fifteen  per  cent.  (15%)  from  the  con- 
tract price :  Provided,  That  said  school  book  depositor/ 
shall  pay  cash  to  the  contractor  or  publisher  for  all  books 
received  within  sixty  (60)  days  of  the  date  of  shipment  of 


32 

such  books:  Provided,  That  the  contractor  shall  pay  all 
transportation  charges  to  the  nearest  railroad  or  river 
station  to  said  depository.  It  shall  be  the  duty  of  said 
depository  annually  in  July  to  ascertain  from  the  county 
superintendent  and  local  dealers  the  probable  number  of 
books  that  will  be  needed  to  supply  the  schools  for  the 
ensuing  year,  and  upon  receipt  of  this  information,  he  shall 
order  said  books  on  or  before  the  first  day  of  August  in  each 
year;  and  upon  receipt  of  such  books  he  shall  immediately 
notify  the  local  dealers  and  merchants,  desirous  of  hand- 
ling such  books :  Provided,  That  the  county  superintendent 
shall  at  any  time,  on  the  request  of  a  township  trustee  or 
the  board  of  school  trustees  appoint  such  township  trustee 
or  board  of  school  trustees  to  act  as  a  depository  merchant 
or  dealer  for  the  sale  and  distribution  of  school  books  and 
in  such  case  the  township  trustee  or  board  of  school  trustees 
in  his  capacity  as  depository  merchant  or  dealer  shall  con- 
form in  all  respects  to  the  provisions  of  this  act  as  they 
apply  to  any  other  depository  merchant  or  dealer  appointed 
by  the  county  superintendent. 

[H.  141.  Approved  February  28,  1913.] 

Public  Playgrounds  and  Public  Baths — How  Established. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  the  board  of  health  and  charities  in 
cities  of  the  first  class,  in  this  state,  and  the  board  of  health 
and  charities  or  the  board  of  school  commissioners,  or  board 
of  school  trustees,  in  cities  of  the  second,  third,  fourth  and 
fifth  classes,  in  this  state,  be  and  the  same  are  hereby 
authorized  to  establish,  maintain  and  equip  public  play- 
grounds, public  baths  and  public  comfort  stations  in  said 
cities.  That  the  boards  of  school  commissioners  and  boards 
of  school  trustees  or  boards  of  health  and  charities  in  such 
cities  are  hereby  authorized  to  use,  and  to  permit  the  use  of, 
any  public  grounds  or  buildings  under  their  control  as  in 
their  judgment  may  be  required,  or  adaptable,  pursuant  to 
the  provisions  and  for  the  purpose  designated  in  this  act. 
And  such  boards  are  hereby  authorized  to  lease  or  purchase 
grounds,  additional  to  such  public  grounds,  either  adjacent 
thereto  or  elsewhere  in  such  cities;  and  such  boards  are 
hereby  empowered,  pursuant  to  the  laws  of  eminent  domain 


33 

now  or  hereafter  in  force  within  this  state,  to  condemn  real 
estate  to  be  used  for  the  purposes  herein  expressed  and  to 
pay  for  such  real  estate  so  condemned  out  of  the  revenue 
hereinafter  provided  for  in  this  act. 

How  Controlled. 

SEC.  2.  Such  boards  shall  have  full  control  and  custody 
of  all  such  playgrounds,  baths  and  comfort  stations,  includ- 
ing the  policing  and  preservation  of  order  thereon,  and  may 
adopt  suitable  rules,  regulations  and  by-laws  for  the  control 
thereof,  and  the  conduct  of  children  and  other  persons  while 
on  and  using  the  same,  and  may  enforce  the  same  by  suit 
able  penalties.  Such  boards  shall  appoint  a  commissioner 
of  public  playgrounds,  public  baths  and  public  comfort 
stations,  whose  duty  it  shall  be  to  superintend  and  manage 
the  work,  to  select  directors  and  assistants,  who  while  on 
duty,  and  for  the  purpose  of  preserving  order  and  the  ob- 
servance of  the  rules,  regulations  and  by-laws  of  the  said 
boards  shall  have  the  powers  and  authorities  of  police 
officers  of  the  respective  cities  in  and  for  which  they  were 
severally  appointed.  The  compensation  for  such  employes 
shall  be  fixed  by  such  boards. 

Expenses — How  Paid. 

SEC.  3.  All  the  expenses  necessarily  incurred  in  carrying 
out  the  provisions  of  this  act  shall  be  borne  by  such  civil 
cities.  The  common  councils  of  such  cities  of  the  first  class 
shall  and  cities  of  the  second,  third,  fourth  and  fifth  classes 
may,  annually,  beginning  in  1913,  levy  the  sum  of  not  less 
than  one  (1)  cent  nor  more  than  two  (2)  cents  on  each  hun- 
dred dollars  ($100.00)  of  taxables  within  such  cities  to  cre- 
ate the  sum,  to  be  known  as  the  " recreation  fund,"  ta  be 
expended  by  such  boards  in  carrying  out  the  provisions  of 
this  act.  Such  funds  shall  under  no  circumstances  be  used 
for  any  other  purposes,  but  for  the  purposes  aforesaid,  shall 
be  subject  to  the  warrant  of  the  proper  city  official  without 
any  further  appropriation. 

Repeal. 

SEC.  4.  All  laws  and  parts  of  laws  in  conflict  with  the 
provisions  of  this  act  are  hereby  repealed. 


4— 32737 


34 

Emergency. 

SEC.  5.  An  emergency  existing  for  the  immediate  taking- 
effect  of  this  law,  the  same  shall  be  in  full  force  and  effect 
from  and  after  its  passage. 

[S.    13G.     Approved   March    0,    1913.] 

Cities — First  Class — Public  Playgrounds. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  the  board  of  school  trustees  in  cities 
having  not  less  than  sixty-three  thousand  (63,000)  nor  more 
than  sixty-nine  thousand  (69,000)  population  according  to 
the  last  preceding  United  States  census  be  and  the  same  are 
hereby  authorized  to  establish,  maintain  and  equip  public 
playgrounds  in  such  cities.  That  the  board  of  park  com- 
missioners in  such  cities,  are  hereby  authorized  to  permit 
the  use  of  any  public  grounds  under  their  control  for  play 
ground  purposes,  and  if  in  their  judgment  deemed  nec3s- 
sary,  may  acquire  and  maintain  suitable  grounds  specially 
foi:  such  purposes. 

Under  Control  School  Boards. 

SEC.  2.  Such  school  boards  shall  have  full  control  and 
custody  of  all  such  playgrounds,  including  the  policing  and 
preservation  of  order  thereof,  and  may  adopt  suitable  rules, 
regulations  and  by-laws  for  the  control  thereof,  and  the 
conduct  of  the  children  and  other  persons  while  on  or  using 
the  same,  and  may  enforce  the  same  by  suitable  penalties- 
Such  school  board  shall  appoint  directors,  teachers  and 
assistants,  whose  duty  it  shall  be  to  superintend  and  man- 
age said  playgrounds,  and  to  preserve  order  and  observ- 
ance of  rules,  regulations  and  by-laws  of  said  school  board. 
The  compensation. for  such  employes  herein  shall  be  fixocl 
by  said  school  boards. 

Expenses — How  Paid. 

SEC.  3.  All  the  expenses  necessarily  incurred  in  carrying 
out  the  provisions  of  this  act  shall  be  borne  by  the  civil  city. 
The  common  council  of  such  city  shall  annually,  beginning 
in  1913,  levy  the  sum  of  not  less  than  one  cent  nor  more  than 


35 

two  cents  on  each  one  hundred  dollars  ($100.00)  of  taxables 
within  said  city  to  create  the  sum  to  be  known  as  the  "Play 
Ground  Fund,"  and  to  be  expended  by  such  school  board  in 
the  carrying  out  of  the  provisions  of  this  act.  Such  funds 
shall  under  no  circumstances  be  used  for  any  other  pur- 
poses, but  for  the  purpose  aforesaid  and  shall  be  subject  to 
the  warrant  of  the  school  boards  without  any  further  appro- 
priation. The  duty  of  making  such  levy  shall  be  performed, 
regardless  of  any  limit  now  existing  by  law  in  the  tax  levy- 
ing power  of  such  city. 

SEC.  4.  An  emergency  exists  for  the  taking  effect  of  this 
law,  and  the  same  shall  be  in  full  force  and  effect  from  and 
after  its  passage.  • 

[H.   389.     Approved   March    15,    1913.] 

Schools — Buildings  Used  for  Public  Gathering's. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  .upon  application  of  not  less  than 
one-half  of  the  voters  residing  within  two  (2)  miles  of  any 
school  house  or  other  public  buildings  or  grounds,  which 
are  capable  of  being  more  widely  used  as  public  meeting 
places  for  nonpartisan  gatherings  of  citizens,  for  the  pres- 
entation and  discussion  of  public  questions  or  for  other 
civic,  social  or  recreational  activities,  the  township  trustee 
or  other  authorities  having  charge  of  such  school  houses, 
public  buildings  or  grounds  shall  allow  the  use  of  such 
buildings  or  grounds  for  the  open  presentation  and  free  dis- 
cussion of  public  questions,  and  may  allow  the  use  of  such 
buildings  or  grounds  for  such  other  civic,  social  and  recrea- 
tional activities  as  in  the  opinion  of  the  controlling  board  do 
not  interfere  with  the  prime  purpose  of  the  building  or 
grounds. 

Buildings  to  be  Lighted  and  Heated. 

SEC.  2.  Where  the  citizens  of  any  community  are  organ- 
ized into  a  nonpartisan,  nonsectarian,  nonexclusive  associa- 
tion for  the  presentation  and  discussion  of  public  questions, 
the  school  board  or  other  body  having  charge  of  the  school- 
houses  or  other  public  properties  which  are  capable  of  being 


36 

used  as  meeting  places  for  such  organization,  when  not  be- 
ing used  for  their  prime  purpose,  shall  provide,  free  of 
charge,  light,  heat  and  janitor  service,  where  necessary,  and 
shall  make  such  other  provisions  as  may  be  necessary  for 
the  free  and  convenient  use  of  such  building  or  grounds,  by 
such  organization  for  weekly,  biweekly  or  monthly  gather 
ings  at  such  times  as  the  citizens'  organization  shall  request 
or  designate. 

Control  of  School  Board. 

SEC.  3.  The  school  board  or  other  board  having  charge 
of  the  school  houses  or  other  public  properties,  may  provide 
for  the  free  and  gratuitous  use  of  the  school  houses  or  other 
public  properties  under  their  charge  for  such  other  civic, 
social  and  recreational  activities,  as  in  their  opinion  do  not 
interfere  with  the  prime  use  of  the  buildings  or  properties. 

Responsibility  for  Damages. 

SEC.  4.  The  person  or  persons  making  application  for 
the  use  of  a  school  house  or  other  public  property  for  public 
meetings,  shall  be  responsible  for  all  damage  to  the  prop- 
erty -occurring  at  such  meetings,  ordinary  wear  and  tear 
excepted,  and  upon  failure  of  the  responsible  person  or 
persons  to  respond  in  damages  for  any  such  injury  to  the 
property,  fhe  school  board  or  other  board  in  charge  of  the 
school  house  or  other  public  property,  may  refuse  all  future 
applications  for  the  wider  use  of  the  property  until  such 
injury  is  repaired,  without  expense  to  the  board  in  charge  of 
the  property. 

Repeal. 

SEC.  5.  All  acts  and  parts  of  acts  conflicting  with  any 
provisions  of  this  act  are  repealed  in  so  far  as  they  are 
inconsistent  therewith. 

Emergency. 

SEC.  6.  Whereas  an  emergency  exists  for  the  immediate 
taking  effect  of  this  act  the  same  shall  be  in  full  force  and 
effect  from  and  after  its  passage. 


37 

[H.  339.     Approved  March   10,    1913.] 

Schools — Arbor  Day — Fixing  Date. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  for  the  purpose  of  encourging  the 
planting  of  shade  and  forest  trees,  shrubs  and  vines,  the 
third  Friday  of  April  in  each  year  is  hereby  designated  as  a 
day  for  general  observance  and  to  be  known  as  Arbor  Day. 

Proclamation. 

SEC.  2.  The  governor  shall  make  proclamation  of  said 
day  in  each  year  at  least  thirty  days  prior  thereto. 

School  Exercises. 

SEC.  3.  Appropriate  exercises  shall  be  introduced  in  all 
the  schools  of  the  state ;  and  it  shall  be  the  duty  of  the  sev- 
eral county  and  city  superintendents  to  prepare  a  program 
of  exercises  for  that  day  to  be  observed  in  all  the  schools 
under  their  respective  jurisdictions.  The  exercises  on  arbor 
day  shall  give  due  honor  to  the  conservors  of  forestry,  and 
the  founders  of  the  study  and  conservation  of  Indiana  f or- 
estry.  And  especially  to  the  leading  spirit  of  Indiana  for- 
estry conservation,  Charles  Warren  Fairbanks. 

Repeal. 

SEC.  4.  All  laws  and  parts  of  laws  in  conflict  with  the 
provisions  of  this  act  are  hereby  repealed. 

[S.  449.     Approved  March  12,  1913.     Page  556.] 

State  Fire  Marshal — Schools — Teachers — Compulsory  Fire 
Drill. 

SEC.  14.  It  shall  be  the  duty  of  the  state  fire  marshal,  his 
deputies  and  assistants  to  require  teachers  of  public  and 
private  schools  and  educational  institutions  to  have  one  fire 
drill  each  month  and  to  keep  all  doors  and  exits  unlocked 
during  school  hours. 

Penalty. 

SEC.  15.  Any  officer  referred  to  in  this  act  who  neglects 
to  comply  with  any  of  the  requirements  hereof  shall  be  guil- 


38 

ly  of  a  misdemeanor,  and  on  conviction  shall  be  punished  by 
a  fine  of  not  less  than  twenty-five  dollars,  nor  more  than  one 
hundred  dollars,  for  each  neglect  or  violation  and  in  default 
of  the  payment  thereof  shall  be  imprisoned  not  to  exceed 
thirty  days. 

Fines  Paid  to  State  Treasurer. 

SEC.  16.  All  penalties,  fees  or  forfeitures  collected  under 
the  provisions  of  this  act  shall  be  paid  into  the  treasury  of 
the  state  for  the  benefit  of  the  state  fire  marshal  fund. 


[S.   171.     Approved   March   14,    1913.] 

Rats — Extermination — Teaching  Hygiene  in  Schools. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  th> 
State  of  Indiana,  That  it  shall  be  unlawful  for  any  person, 
firm,  copartnership,  company  or  corporation  owning,  leas 
ing,  occupying,  possessing  or  having  charge  of  any  land, 
place,  building,  structure,  stacks  or  quantities  of  wood,  hay, 
corn,  wheat  or  other  grains  or  materials,  or  any  vessel  or 
water  craft,  to  permit  the  same  to  become  rat  infested,  and 
it  shall  be  the  duty  of  any  such  person,  firm,  copartner  ship, 
company,  or  corporation,  upon  any  knowledge  or  notice,  to 
at  once  proceed  and  to  continue  in  good  faith  to  endeavor  to 
exterminate  and  destroy  such  rats  by  poisoning,  trapping 
and  other  appropriate  means,  such  as  may  be  suggested  by 
the  state  board  of  health  or  the  local  health  officers.  And  it 
shall  be  the  duty  of  the  trustees  of  the  several  townships 
and  the  boards  of  school  trustees  of  the  several  cities  and 
towns  in  the  state,  to  make  provisions  in  the  public  school< 
under  their  jurisdiction  for  the  illustrative  teaching  of  the 
anatomy,  physiology  and  hygiene  of  the  human  system  ;  the 
effects  of  alcohol  and  nicotine;  the  cause  and  course  of  con 
sumption;  the  dissemination  of  diseases  by  rats,  flies  and 
mosquitoes  and  the  effects  thereof,  and  the  prevention  o5 
diseases  by  the  proper  selection  and  consumption  of  food. 

State  Board  of  Health — Inspectors — Duties. 

SEC.  2.  The  state  board  of  health  and  inspectors  ap- 
pointed by  such  board  and  local  health  officers  and  inspect- 
ors appointed  for  the  purpose,  as  hereinafter  provided,  shall 


39 

have  authority  and  shall  be  permitted  to  enter  into  and  upon 
all  lands,  places,  buildings,  structures,  vessel  or  water  craft 
for  the  purpose  of  ascertaining  whether  the  same  are  in 
tested  with  rats  and  whether  the  requirements  of  this  act  as 
to  extermination  and  destruction  thereof  are  being  com 
plied  with :    Provided,  That  no  building  occupied  as  a  dwell- 
ing, hotel  or  rooming  house  shall  be  entered  for  such  pur- 
pose except  between  the  hours  of  nine  o'clock  in  the  fore- 
noon and  five  o  'clock  in  the  afternoon  of  any  day. 

Appropriation — County  Commissioners. 

SEC.  3.  The  board  of  county  commissioners,  with  the  con- 
sent of  the  county  council,  of  each  county,  and  the  town 
board  of  any  town  or  the  common  council  of  any  city,  when- 
ever it  may  by  resolution  determine  that  it  is  necessary  for 
the  preservation  of  the  public  health  or  to  prevent  the 
spread  of  contagious  or  infectious  disease,  communicable 
to  mankind,  or  when  such  board  shall  so  determine  that  it 
is  necessary  to  prevent  great  damage  to  crops,  grain,  food 
or  other  property,  may  appropriate  moneys  for  the  pur- 
chase of,  and  may  purchase,  poison,  traps  and  other  ma- 
terials for  the  purpose  of  eliminating  and  destroying  rats 
in  such  county,  town  or  city,  and  may  employ  and  pay  in- 
spectors, who  shall  have  authority  to  and  shall  prosecute 
such  work  of  extermination  and  destruction  under  the  di- 
rection of  such  board  or  the  local  health  officer,  or  board  of 
health,  on  both  private  and  public  property,  in  such  county, 
town  or  city,  and  such  inspectors  shall  have  authority,  when 
necessary,  to  carry  out  the  provisions  of  this  act,  to  dig 
into  the  ground,  to  remove  parts  of  floors,  walls  or  other 
parts  of  buildings  or  structures,  or  to  remove,  from  one 
place  to  another  on  the  premises,  any  other  property  when 
reasonably  necessary' to  do  so:  Provided,  That  such  in- 
spector or  inspectors,  after  taking  the  necessary  steps  for 
the  discovery  and  destruction  of  rats  on  any  premises,  shall 
restore  the  said  premises,  as  far  as  may  be  reasonably  prac- 
ticable, to  the  condition  in  which  the  same  were  found. 

Expense  of  Extermination — Lien. 

Sire.  4.  Whenever  any  person,  firm,  copartnership,  com- 
pany or  corporation  owning,  leasing,  occupying,  possessing 


40 

or  having  charge  of  any  land,  place,  building,  structure, 
stacks  or  quantities  of  wood,  hay,  corn,  wheat  or  other 
grains  or  materials,  or  any  vessel  or  water  craft,  which  is 
infested  with  rats,  shall  fail,  neglect  or  refuse  to  proceed 
and  continue  to  endeavor  to  exterminate  and  destroy  such 
rats,  as  herein  required,  it  shall  be  the  duty  of  the  state 
board  of  health,  or  its  inspectors,  and  the  local  health  officer, 
or  the  local  board  of  health,  or  its  inspectors,  at  once  to 
cause  such  nuisance  to  be  abated  by  exterminating  and  de- 
stroying such  rats. 

The  expense  thereof  shall  be  a  charge  against  the  county, 
town  or  city  which  has,  by  its  board  or  council  ordered  such 
destruction  or  extermination  of  rats,  and  such  board  or 
council  shall  allow  and  pay  the  same. 

When  such  destruction  of  rats  is  ordered  by  the  town 
board  or  city  council,  the  clerk  of  such  town  or  city  shall 
at  once  file  with  the  county  auditor  a  certified  statement 
of  the  expense  of  such  extermination  and  in  any  such  case 
the  county  auditor  shall  charge  the  amount  so  expended 
for  destroying  rats,  as  aforesaid,  against  the  property  on 
which  said  nuisance  shall  have  been  abated,  and  the  same 
shall  be  collected  as  other  taxes  are  now  collected,  and  when 
so  collected  shall  be  paid  to  said  county,  town  or  city  to 
reimburse  it  for  the  amount  so  paid  out  for  the  destruction 
of  rats,  as  aforesaid. 

1  '  Rat  Day '  '—Proclamation. 

SEC.  5.  The  governor,  may  annually,  in  the  spring,  desig- 
nate by  official  proclamation,  a  day  to  be  designated  as  1 1  rat 
day,"  to  be  observed  throughout  the  state  as  a  day  for  ex- 
terminating and  destroying  rats  about  the  homes  and  prem- 
ises and  public  buildings  and  all  other  places,  thus  prevent- 
ing the  dissemination  of  disease  and  the  destruction  of 
property. 

Rights  of  Officers. 

SEC.  6.  Any  health  officer  or  any  inspector  appointed 
under  the  provisions  of  this  act  shall  have  the  right,  with- 
out a  warrant  to  enter  upon  or  into  any  land,  place,  build- 
ing, structure  or  premises  suspected  of  being  rat  infested 
for  the  discovery  or  destruction  of  rats,  and  any  person  or 


41 

number  of  persons  who  shall  obstruct  him  in  the  perform- 
ance of  his  duties  shall  be  guilty  of  a  misdemeanor  and 
upon  conviction  shall  be  fined  in  any  sum  not  less  than  two 
(2)  dollars  nor  more  than  ten  (10)  dollars. 

Penalty. 

SEC.  7.  Any  person,  firm,  copartnership,  company,  cor- 
poration, or  school  official,  violating  any  of  the  provisions 
contained  in  section  one  of  this  act  shall  be  guilty  of  a  mis- 
demeanor and  upon  conviction  shall  be  fined  in  any  sum  not 
less  than  ten  (10)  dollars  nor  more  than  one  hundred  (100) 
dollars. 

[H.  494.    Approved  March   14,   1913.] 

Schools— Sanitary  Buildings. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  section  one  (1)  of  the  above  entitled 
act  be  amended  to  read  as  follows :  Section  1.  That  after 
the  going  into  effect  of  this  act  all  schoolhouses  which  shall 
be  constructed  or  remodeled  shall  be  constructed  in  accord- 
ance and  conform  to  the  following  sanitary  principles,  to 
wit: 

(a)  Sites.    All  sites  shall  be  dry,  and  such  drainage  as 
may  be  necessary  to  secure  and  maintain  dry  grounds  and 
dry  buildings,  shall  be  selected  and  supplied.     Said  site 
and  said  buildings  shall  not  be  nearer  than  500  feet  to  steam 
railroads,  livery  stables,  horse,  mule  or  cattle  barn  used 
for  breeding  purposes  or  any  noise-making  industry  or  any 
unhealthful  conditions.    And  when  such  school  building  or 
school  site  is  so  located  and  established  no  livery  stable, 
horse,  mule  or  cattle  barn  used  for  breeding  purposes,  or 
any  noise-making  industry  or  any  unhealthful  conditions 
shall  thereafter  "be  constructed,  erected  or  maintained  with- 
in 500  feet  of  any  school  building,  school  sr£e  or  school 
grounds.     Good  dry  walks  shall  lead  from  the  street  or 
road  to  every  schoolhouse  and  to  all  outhouses,  and  suitable 
playgrounds  shall  be  provided. 

(b)  Buildings.    School  buildings  if  of  brick  shall  have 
a  stone  foundation,  or  the  foundation  may  be  of  brick  or 
concrete :    Provided,  A  layer  of  slate,  stone  or  other  imper- 
vious material  be  interposed  above  the  ground  line,  or  the 


5—32737 


42 

foundation  may  be  of  vitrified  brick  and  the  layer  of  im- 
pervious material  will  not  be  required.  Every  two-story 
schoolhouse  shall  have  a  dry,  well-lighted  basement  under 
the  entire  building,  said  basement  to  have  cement  or  con- 
crete floor,  and  ceiling  to  be  not  less  than  ten  feet  above  the 
floor  level.  The  ground  floor  of  all  schoolhouses  shall  be 
raised  at  least  three  feet  above  the  ground  level  and  have, 
when  possible,  dry  well-lighted  basement  under  the  entire 
building  and  shall  have  solid  foundation  of  brick,  tile,  stone 
or  concrete,  and  the  area  between  the  ground  and  the  floor 
shall  be  thoroughly  ventilated.  Each  pupil  shall  be  pro- 
vided with  not  less  than  225  cubic  feet  of  space,  and  the 
interior  walls  and  the  ceiling  shall  be  either  painted  or 
tinted  some  neutral  color,  as  gray,  slate,  buff  or  green. 

(c)  Lighting  and  Seating.    All  schoolrooms  where  pu- 
pils are  seated  for  study  shall  be  lighted  from  one  side  only, 
and  the  glass  area  shall  be  not  less  than  one-sixth  of  the 
floor  area,  and  the  windows  shall  extend  from  not  less  than 
four  feet  from  the  floor  to  at  least  one  foot  from  the  ceil- 
ing, all  windows  to  be  provided  with  roller  or  adjustable 
shades  of  neutral  color,  as  blue,  gray,  slate,  buff  or  green. 
Desks  and  desk  seats  shall  preferably  be  adjustable  and  at 
least  twenty  per  cent,  of  all  desks  and  desk  seats  in  each 
room  shall  be  adjustable  and  shall  be  so  placed  that  the 
light  shall  fall  over  the  left  shoulders  of  the  pupils.     For 
left-handed  pupils  desks  and  seats  may  be  placed  so  as  to 
permit  the  light  to  fall  over  the  right  shoulder. 

(d)  Blackboards  and  Cloakrooms.    Blackboards  shall  be 
preferably  of  slate,  but  of  whatever  material,  the  color  shall 
be  a  dead  black.     Cloakrooms,  well  lighted,  warmed  and 
ventilated,  or  sanitary  lockers,  shall  be  provided  for  each 
study  schoolroom. 

(e)  Water  Supply  and  Drinking  Arrangements.     All 
schoolhouses  shall  be  supplied  with  pure  drinking  water, 
and  the  water  supply  shall  be  from  driven  wells  or  other 
sources  approved  by  the  health  authorities.    Only  smooth, 
stout  glass  or  enameled  metal  drinking  cups  shall  be  used ; 
water  buckets  and  tin  drinking  cups  shall  be  unlawful  and 
are  forbidden ;  and  whenever  it  is  practicable,  flowing  sani- 
tary drinking  fountains  which  do  not  require  drinking  cups 
shall  be  provided.    All  schoolhouse  wells  and  pumps  shall 


be  supplied  with  troughs  or  drains  to  take  away  waste 
water,  and  under  no  conditions  shall  pools  or  sodden  places 
or  small  or  large  mudholes  be  allowed  to  exist  near  a  well. 
When  water  is  not  supplied  at  pumps  or  from  water  faucets 
or  sanitary  drinking  fountains  then  covered  tanks  or  cool- 
ers supplied  with  spring  or  self-closing  faucets  shall  be 
provided. 

(f)  Heating  and  Ventilation.  All  school  houses  here- 
after constructed  or  remodeled,  shall  be  supplied  with  heat- 
ing and  ventilating  systems.    Fresh  air  shall  be  taken  from 
outside  the  building  and  properly  diffused  without  draughts, 
through  each  school  room  during  school   session.     Each 
school  room  shall  be  supplied  with  foul  air  flues  of  ample 
size  to  withdraw  the  foul  air  therefrom  at  a  minimum  rate 
of  eighteen  hundred  cubic  feet  per  hour  for  each  two  hun- 
dred and  twenty-five  (225)  cubic  feet  of  said  school  room 
space,  regardless  of  outside  atmospheric  conditions ;    and 
heaters  of  all  kinds  shall  be  capable  of  maintaining  a  tem- 
perature of  70  degrees  Fahrenheit  in  all  school  rooms,  halls, 
office  rooms,  laboratories  and  manual  training  rooms,  in  all 
kinds  of  weather,  and  maintaining  in  each  school  room  a 
relative  humidity  of  not  less  than  forty  per  cent :    Provided, 
That  when  artificial  ventilation,  by  use  of  fan  or  blower,  is 
adopted,  the  provision  as  to  entrance  of  fresh  air  shall  be 
from  outside  of  the  building. 

It  is  hereby  made  lawful  for  any  township  trustee,  board 
of  school  trustees- and  boards  of  school  commissioners  to 
establish  and  maintain  open  air  schools,  and  when  such 
open  air  schools  are  established  the  provisions  of  this  act 
governing  heating  and  ventilation  shall  not  apply  to  such 
open  air  school  rooms. 

(g)  Water-Closets  and  Outhouses.     Water-closets,   or 
dry  closets  when  provided,  shall  be  efficient  and  sanitary  in 
every  particular  and  furnished  with  stalls  for  each  hopper 
or  place;  and  when  said  water  or  dry  closets  are  not  pro- 
vided, then  sanitary  outhouses,  well  separated  for  the  sexes, 
shall  be  provided.     Good  dry  walks  shall  lead  to  all  out- 
houses and  screens  or  shields  be  built  in  front  of  them.  Out- 
houses for  males  shall  have  urinals  arranged  with  stalls 
and  with  conduits  of  galvanized  iron,  vitrified  drain  pipe, 
or  other  impervious  material,  draining  into  a  sewer  vault 


44 

or  other  suitable  place  approved  by  the  health  authorities. 
Any  agent,  person,  firm  or  corporation,  selling,  trading  or 
giving  to  any  township  trustee,  school  trustee  or  board  of 
school  commissioners,  any  materials,  supplies,  sanitary  ap- 
paratus or  systems,  which  when  constructed  or  remodeled 
or  installed,  in  or  for  any  school  house,  'hereafter  construct- 
ed or  remodeled,  which  does  not  in  all  respects  comply  with 
the  provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  shall  be  fined  in  any  sum  not 
more  than  five  hundred  ($500.00)  dollars,  to  which  may  be 
added  imprisonment  in  the  county  jail  for  any  determinate 
period  not  more  than  six  (6)  months  and  shall  be  punished 
by  a  further  fine  of  not  less  than  five  ($5.00)  dollars  for 
each  day  he  shall  fail  to  comply  with  any  order  of  any 
court  having  jurisdiction  for  the  correction  of  any  such 
defects  in  such  school  houses  hereafter  constructed  or 
remodeled;  and  any  money  claim  for  the  construction  or 
remodeling,  or  for  any  materials,  supplies,  sanitary  appa- 
ratus or  systems  furnished  or  constructed  in  or  for  any 
school  house  hereafter  constructed  or  remodeled,  which 
does  not  in  every  way  and  in  all  respects  comply  with  the 
requirements  of  this  act,  shall  be  null  and  void. 


[H.   759.     Approved  March   13,   1913.] 

Schools — Old  School  Buildings — Tearing  Down. 

SECTION  1.  Be  It  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  whenever  any  city  or  town  having 
title  to  real  estate  by  purchase  gift  or  otherwise,  for  school 
purposes  within  such  city  or  town,  upon  which  real  estate 
there  is  situate  a  public  school-building  or  other  buildings, 
connected  therewith,  which  are  in  bad  repair  or  otherwise 
insufficient  to  meet  the  necessary  requirements  for  the  full 
enjoyment  and  advancement  of  proper  educational  uses 
and  activities,  and  should  it  now,  or  hereafter,  be  deemed 
by  said  board  of  trustees  necessary  for  said  school  city  or 
school  town  to  tear  down  or  otherwise  remove  such  school- 
building  or  buildings  connected  therewith,  and  in  lieu  of  the 
use  of  them  or  any  one  of  them  construct  new  public  school- 
buildings  or  other  buildings  connected  therewith,  upon  the 
real  estate  occupied  by  said  old  and  insufficient  school  build- 


45 

ing  or  other  buildings  connected  therewith,  the  trustees  of 
school  cities  of  incorporated  cities  and  trustees  of  school 
towns  of  incorporated  towns  of  the  State  of  Indiana,  are 
hereby  authorized  and  empowered  to  tear  down  or  other- 
wise remove  any  such  old  and  insufficient  school-building 
or  other  buildings  connected  therewith,  for  the  purpose  of 
erecting  upon  said  real  estate  a  new  school-building,  or 
other  buildings  connected  therewith  in  lieu  of  those  removed 
or  torn  down. 

Sale  of  Old  Buildings— Use  of  Old  Material. 

SEC.  2.  Boards  of  trustees  of  school  cities  and  boards  of 
trustees  of  school  towns  are  hereby  authorized,  should  said 
board  of  trustees  deem  it  most  advantageous  to  said  school 
city  or  school  town  to  do  so,  to  sell  at  private  sale  said  old 
and  insufficient  school-building  or  other  buildings  connected 
therewith  in  all  cases  where  it  is  necessary  in  order  to 
meet  the  requirements  for  the  enjoyment  and  advancement 
of  proper  educational  uses  and  activities,  to  erect  new 
school-buildings,  or  other  buildings  connected  therewith 
upon  the  real  estate  occupied  by  said  old  and  insufficient 
school-building  or  buildings.  Before  the  sale  of  any  such 
building  or  buildings  shall  be  authorized  however,  said 
board  of  school  trustees  shall  cause  said  building  or  build- 
ings to  be  appraised  at  a  fair  cash  value  by  two  reputable 
resident  householders  and  fieeholders  of  the  school  city 
or  school  town  offering  said  building  or  buildings  for  sale, 
and  said  appraisement  shall  be  made  under  oath  and  spread 
of  record  upon  the  records  of  said  board  of  trustees,  and 
no  sale  shall  be  made  for  less  than  the  appraised  value,  and 
for  cash,  and  the  same  shall  be  applied  to  the  payment  of 
the  cost  of  the  new  building  or  buildings  proposed  to  be 
constructed.  The  board  of  trustees  as  aforesaid,  shall  also 
cause  a  notice  to  be  given  reciting  therein  the  terms,  time 
and  place  of  sale,  and  a  general  description  of  the  building 
or  buildings  to  be  sold  by  publishing  the  same  once  each 
week  for  a  period  of  two  consecutive  weeks  in  some  news- 
paper of  general  circulation  printed  and  published  in  the 
city  or  town  where  said  building  or  buildings  are  for  sale. 
If  no  such  newspaper  be  published  in  said  city  or  town,  then 
by  publishing  said  notice  for  a  like  period  of  time  in  any 


46 

newspaper  of  general  circulation  printed  and  published  in 
the  county  where  said  building  or  buildings  are  for  sale. 
If  no  newspaper  be  printed  or  published  in  the  county  then 
by  publishing  said  notice  for  a  like  period  of  time  in  any 
newspaper,  if  any,  circulating  in  said  city  or  town,  and  in 
addition  thereto  by  posting  a  written  or  printed  notice  in 
five  different  public  locations  in  said  city  or  town  where  said 
building  or  buildings  are  for  sale :  Provided,  hoiuever,  The 
board  of  trustees  of  school  cities  and  boards  of  trustees  of 
school  towns  may,  if  they  deem  it  most  advantageous  to 
said  school  city  or  school  town  to  do  so,  incorporate  all  or 
any  part  of  the  material  constituting  said  old  or  insufficient 
school-building  connected  therewith  as  a  part  of  the  plans 
and  sjjecific'ations  used  or  to  be  used  by  said  board  of  trus- 
tees in  the  construction  of  said  new  school-building  or  other 
building  connected  therewith,  and  the  value  of  said  old 
material  so  incorporated  as  aforesaid,  shall  be  taken  into 
consideration  and  finally  determined  in  the  submission  of 
bids  for  the  construction  of  said  new  school-building  or 
other  buildings  connected  therewith,  by  the  person  or  per- 
sons, firms  or  corporations- making  sealed  proposals  for 
the  construction  of  said  building  or  buildings,  as  aforesaid, 
and  all  of  said  sealed  proposals  shall  be  based  upon  the 
quantum  of  material  constituting  said  old  building  or  build- 
ings incorporated  as  aforesaid,  in  the  plans  and  specifica- 
tions ultimately  adopted  by  said  board  of  trustees  for  the 
construction  of  said  new  building  or  buildings;  and  the  no- 
tice given  to  all  contractors  for  sealed  proposals  for  con- 
struction, and  the  award  of  the  contract  thereto,  and  the 
contract  entered  into  by.  and  between  the  successful  bidder 
or  bidders  and  said  board  of  trustees  for  the  construction 
of  said  new  school-building  or  other  buildings  connected 
therewith  shall  so  provide:  And,  Provided,  further,  Said 
board  of  trustees  of  such  school  cities  and  school  towns  shall 
also  be  empowered  in  cases  of  repairing  and  remodeling  old 
and  insufficient  school  buildings  or  other  buildings  connect- 
ed there  with  to  also  incorporate  the  old  material,  in  whole 
or  in  part,  constituting  said  building  or  buildings  in  the 
specifications  for  the  repairment  or  remodeling  of  such 
building  or  buildings  as  hereinbefore  provided;  or  should  it 
be  deemed  more  advantageous  to  said  school  city  or  school 


47 

town,  said  board  of  trustees  in  eases  "of  impairment  or  re- 
modeling as  aforesaid,  may  sell  said  old  material,  in  whole 
or  in  part,  which  sale  shall  be  governed  by  the  provisions 
of  this  aet  as  hereinbefore  provided. 

Emergency. 

SEC.  3.  Whereas  an  emergency  exists  for  the  immedi- 
ate taking  effect  of  this  act,  the  same  shall  be  in  full  force 
and  effect  from  and  after  its  passage. 

[S.  338.     Approved  February  2G,  1913.] 

Schools — School  Officers — Powers. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
Stats  of  Indiana,  That  section  4  of  the  above  entitled  act  be 
amended  to  read  a,s  follows:  Section  4.  For  the  purpose 
of  enforcing  this  act  and  making  it  practical,  township  trus- 
tees, boards  of  school  trustees  and  boards  of  school  com- 
missioners shall  have  the  power,  and  it  is  herewith  made 
lawful  for  said  trustees  and  said  boards  to  make  a  levy  not 
to  exceed  fifteen  cents  (15  cents)  on  each  one  hundred  dol- 
lars ($100),  the  sum  thus  raised  to  be  added  to  the  special 
school  fund,  but  to  be  used  only  for  building  and  furnish- 
ing of  schoolhouses.  This  levy  shall  not  be  made  unless 
plainly  necessary. 

[H.  128.  Approved  February  28,  1913.] 

Schools — Minimum  Wages  for  Teachers. 

SECTION  1.  Be  it  enacted  ~by  the  general  assembly  of  the 
State  of  Indiam,  That  section  one  (1)  of  the  above  entitled 
act  be  amended  to  read  as  follows :  Section  1.  That  the 
daily  wages  of  teachers  for  teaching  in  the  public  schools 
of  the  state  shall  not  be  less,  in  the  case  of  beginning 
teachers,  than  an  amount  determined  by  multiplying  two 
and  one-half  cents  by  the  general  average  given  such 
teacher  on  his  highest  grade  of  license  at  the  time  of  con- 
tracting. For  teachers  having  had  a  successful  experience 
for  one  school  year  of  not  less  than  six  months,  the  daily 
wages  shall  be  not  less  than  an  amount  determined  by  mul- 
tiplying three  cents  by  the  general  average  given  such 


48 

teacher  on  his  highest  grade  of  license  at  the  time  of  con- 
tracting. For  teachers  having  had  a  successful  experience 
for  three  or  more  school  years  of  not  less  than  six  months 
each,  the  daily  wages  shall  be  not  less  than  an  amount  de- 
termined by  multiplying  three  and  one-half  cents  by  the 
general  average  given  such  teacher  on  his  highest  grade  of 
license  at  the  time  of  contracting.  For  teachers  having 
had  a  successful  experience  of  five  or  more  school  years  of 
not  less  than  six  months  each,  the  daily  wages  shall  be  not 
less  than  an  amount  determined  by  multiplying  four  cents 
by  the  general  average  given  such  teacher  on  his  highest 
grade  of  license  at  the  time  of  contracting.  All  teachers 
now  exempt  from  examination  shall  be  paid,  as  daily  wages 
for  teaching  in  the  public  schools,  riot  less  than  an  amount 
determined  by  multiplying  three  and  one-half  cents  by  the 
general  average  of  scholarship  and  success  given  such 
teacher:  Provided.  That  the  grade  of  scholarship  ac- 
counted in  each  case  be  that  given  at  the  teacher's  last  ex- 
amination, and  that  the  grade  of  success  accounted  be  that 
of  the  teacher's  term  last  preceding  the  date  of  contract- 
ing: and,  Provided  further,  That  two  per  cent,  shall  be 
added  to  the  teacher's  general  average  of  scholarship  and 
success  for  attending  the  county  institute  the  full  number 
of  days,  and  that  said  two  per  cent,  shall  be  added  to  the 
average  scholarship  of  beginning  teachers. 

Qualifications  of  Teachers. 

SEC.  2.  That  section  two  (2)  of  the  above  entitled  act 
be  amended  to  read  as  follows :  The  qualifications  required 
for  teaching  for  the  different  classes  shall  be  as  follows : 

(a)  A  teacher  without  experience :     Shall  be  a  graduate 
of  a  high  school  or  its  equivalent.     Shall  have  had  not  less 
than  one  term  of  twelve  weeks'  work  in  a,  school  maintain- 
ing a  professional  course   for  the  training  of  teachers: 
Provided,  That  completion  of  one  year,  or  more,  in  a  rec- 
ognized college  shall  be  accepted  in  lieu  of  twelve  weeks' 
work  in  a  school  maintaining  a  professional  course  for  the 
training  of  teachers.     Shall  have  not  less  than  a  twelve 
months'  license. 

(b)  A  teacher  with  one  school  year's  experience:    Shall 
be  a  graduate  of  a  high  school  or  its  equivalent.     Shall 


49 

have  not  less  than  two  terms  or  twenty-four  weeks '  work 
in  a  school  maintaining  a  professional  course  for  the  train- 
ing of  teachers  or  the  equivalent  of  such  work :  Provided, 
That  the  one  year  of  college  work  optional  for  a  teacher 
without  experience  shall  be  accepted  as  one  of  the  required 
two  terms  of  work,  in  this  class.  Shall  have  a  two  years' 
license.  Shall  have  a  "success  grade. 

(c)  A  teacher  with  three  or  more  years'  successful  ex- 
perience:    Shall  be  a  graduate  of  a  high  school  or  its 
equivalent.    Shall  be  a  graduate  from  a  school  maintaining 
a  professional  course  for  the  training  of  teachers,  or  its 
equivalent.     Shall  has^e  a  three  years',  five  years',  eight 
years ',  or  a  life  license.     Shall  have  a  success  grade. 

(d)  A  teacher  with  five  or  more  years'  successful  ex- 
perience :  Shall  be  a  graduate  of  a  high  school  or  its  equiv- 
alent.    Shall  be  a  graduate  from  a  school  maintaining  a 
professional  course   for  the  training  of  teachers,  or  its 
equivalent.     Shall  have  taught  as  a  class  (c)  teacher  two 
or  more  years  previous  to  entering  this  cla,ss.  Shall  have  a 
three  years',  five  years',  eight  years',  or  life  license.    Shall 
have  a  success  grade :    Provided,  That  for  teachers  already 
in  the  service,  prior  to  August,  1908,  successful  experience 
in  teaching  shall  be  accepted  as  an  equivalent  for  high 
school  and  professional  training,  as  required  by  all  the 
above  classifications 


[S.    192.     Approved   March   4,    1913.] 

Schools — Teachers'  Examination. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  section  one  (1)  of  the  above  entitled 
act  be  amended  to  read  as  follows :  Section  1.  That  teach- 
ers in  manual  training,  domestic  science  and  art,  and  kinder- 
garten departments  of  the  elementary  and  high  schools,  and 
teachers  of  German,  music,  drawing,  agriculture,  physical 
culture  and  other  special  branches  of  instruction  shall  be 
examined  by  the  county  superintendents  of  schools  at  the 
times  of  regular  teachers '  examinations  upon  the  branch  or 
branches  they  are  employed  to  teach,  and  in  case  they  pass 
such  examination  successfully,  and  have  met  all  the  qualifi- 
cations required  by  law,  or  the  equivalent  thereof  prescribed 


50 

by  the  state  board  of  education,  they  shall  be  licensed  to 
teach  such  branch  or  branches  for  twelve  (12),  twenty-four 
(24),  or  thirty-six  (36)  months,  according  to  the  grades  ob- 
tained upon  such  examination.  Such  license,  however,  shall 
not  legally  qualify  its  holder  for  the  teaching  of  any 
branch  or  branches  not  covered  by  said  examination,  and 
such  teachers  at  the  time  of  examination  shall  have  their 
manuscripts  in  music,  drawing,  manual  training,  cooking, 
sewing,  agriculture,  kindergarten,  and  physical  training 
sent  to  the  state  department  of  public  instruction  for  grad- 
ing upon  the  terms  and  conditions  prescribed  by  law  for 
grading  of  manuscripts  by  the  superintendent  of  public 
Instruction. 

[H.   347.     Approved   March   5,    1913.] 

Teacher's  Pension  Fund— Terre  Haute — Board  of  Commis- 
sioners. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  in  every  city  in  the  State  of  Indiana, 
having  a  population  of  not  less  than  55,000  nor  more  than 
60,000,  according  to  the  last  preceding  United  States  cen- 
sus, there  shall  be,  and  is  hereby  created  a  teachers '  retire- 
ment fund,  which  shall  be  governed  and  managed  by  a  board 
of  commissioners,  to  be  composed  of  five  -members,  as  fol- 
lows : 

The  president  of  the  board  of  school  trustees  of  such  city, 
the  superintendent  of  public  schools,  one  principal  and  two 
teachers  regularly  employed  in  the  public  schools  of  such 
city.  Said  principal  and  teachers  shall  be  selected  at  a 
meeting  of  the  public  school  teachers  of  such  city  on  the 
fourth  Saturday  of  March,  1913,  in  such  manner  and  at  such 
place  or  places  as  shall  be  determined  and  designated  by  the 
board  of  school  trustees  of  such  city ;  and  thereafter  there 
shall  be  selected  on  the  fourth  Saturday  of  March  of  each 
year  one  principal  and  two  teachers  as  members  of  such 
board  of  commissioners.  The  commissioners  shall  hold 
their  office  until  their  successors  shall  be  selected  or  elected 
as  above  set  forth.  In  the  event  of  a  vacancy  upon  said 
board  occasioned  by  the  death,  resignation  or  disability  of 
either  of  said  principal  or  teachers,  then  the  public  school 


51 

teachers  of  said  city  shall,  within  a  reasonable  time,  upon 
the  call  of  the  president  of  said  board  of  commissioners, 
hold  a  special  meeting  and  elect  a  successor  or  successors. 
A  majority  of  said  commissioners  shall  constitute  a  quorum 
for  the  transaction  of  business  pertaining  to  said  retirement 
fund.  Said  commissioners  shall  receive  no  pay  for  their 
services  as  such,  except  the  secretary  and  assistant  treas- 
urer, each  of  whom  may  be  paid  such  sums  for  services  as 
may  be  fixed  by  the  board  of  commissioners:  Provided, 
hoivever,  That  if  any  one  shall  act  as  such  secretary  or  as- 
sistant treasurer  who  shall  receive  any  of  the  benefits  of 
said  retirement  fund,  as  hereinafter  provided,  the  amount 
of  the  salary  so  received  by  such  secretary  or  assistant 
treasurer  shall  be  deducted  from  the  amount  to  which  he  or 
she  Avould  otherwise  be  entitled  as  a  beneficiary. 

Duties  of  Board  and  Officers. 

SEC.  2.  Said  board  of  commissioners  shall  elect  from 
among  its  number  a  president,  vice-president  and  secretary. 
The  president  shall  preside  at  the  meetings  of  the  board  and 
perform  all  other  duties  usual  to  such  office.  The  vice- 
president  shall  perform  the  duties  of  the  president  in  his 
absence.  It  shall  be  the  duty  of  the  secretary  to  keep  a  true 
and  accurate  account  of  the  proceedings  of  said  board  of 
commissioners,  and  of  the  teachers  of  such  city  when  acting 
upon  matters  with  relation  to  said  fund,  and  to  turn  over 
to  his  or  her  successor  all  books  and  papers  pertaining  to 
such  office.  The  secretary  of  the  superintendent  of  schools 
of  such  city  shall  act  as  assistant  treasurer,  and  it  shall  be 
his  or  her  duty  to  keep  a  true  and  correct  statement  of  the 
account  of  each  member  with  said  retirement  fund,  to  collect 
and  turn  over  to  the  treasurer  of  said  board  all  moneys 
belonging  to  said  fund,  and  to  render  to  the  board  a  monthly 
account  of  his  or  her  doings.  He  or  she  shall  furnish  bond 
in  such  amount  as  shall  be  determined  and  required  by  said 
board  of  commissioners  and  the  board  of  commissioners 
shall  allow  him  or  her  such  compensation  for  his  or  her  serv- 
ices as  it  may  deem  proper.  The  treasurer  of  such  city  shall 
be  ex-officio  the  treasurer  of  said  board  of  commissioners, 
and  he  shall  receive  and  hold  all  moneys  belonging  to  such 
treasurer's  retirement  fund;  he  shall  have  the  custody  of 


52 

all  notes,  bonds  and  other  securities  belonging  to  said  fund, 
and  shall  collect  the  principal  and  interest  of  the  same  and 
shall  be  liable  on  his  bond  as  such  city  treasurer  for  the  per- 
formance of  all  the  duties  imposed  upon  him  by  this  act  and 
for  the  faithful  accounting  of  all  moneys  and  securities,  in- 
cluding both  principal  and  interest  which  may  come  into  his 
hands  and  which  shall  belong  to  such  retirement  fund.  And 
he  shall  keep  a  separate  account  which  shall  show  at  all 
times  the  true  condition  of  such  funds.  Said  treasurer  shall, 
upon  the  expiration  of  his  term  of  office,  account  to  said 
board  of  commissioners  for  all  moneys,  notes,  bonds,  and 
other  securities  coming  into  his  hands,  and  for  the  interest, 
income,  profits,  rentals  and  proceeds  of  and  from  the  same, 
and  he  shall  turn  over  to  his  successor  all  moneys,  notes, 
bonds  and  other  securities  belonging  to  said  fund.  The  sec- 
retary, treasurer  and  assistant  treasurer  shall  make  a  full, 
true  and  accurate  report  of  their  offices  and  trusts  at  each 
annual  meeting  of  such  teachers  in  March  of  each  year. 
Their  books  shall  at  all  times  be  open  to  inspection  or  ex- 
amination. 

Pension  Fund — How  Controlled. 

SEC.  3.  Such  board  of  commissioners  shall  have  full 
charge  and  control  of  the  teachers '  retirement  fund  of  such 
city  with  power  to  adopt  and  enforce  all  needful  regulations 
governing  the  same,  not  inconsistent  with  this  act.  Such 
fund  shall  be  derived  from  the  following  sources : 

First.  All  money  that  may  be  given  to  said  board  of 
commissioners  or  to  said  fund  or  to  the  board  of  school  trus- 
tees of  such  city,  for  the  use  of  said  board  of  commissioners 
of  teachers'  retirement  fund,  by  any  person  or  persons. 
Such  board  of  commissioners  may  take  by  gift,  grant,  devise 
or  bequest,  any  money  choses-in-action,  personal  property, 
real  estate,  or  any  interest  therein,  and  any  such  gift,  grant, 
devise  or  bequest,  may  be  absolute,  or  upon  the  condition 
that  only  the  rent,  profits  and  income  arising  from  the  same 
shall  be  applied  to  the  uses  and  purposes  of  said  fund. 
Such  board  of  commissioners  shall  be  authorized  to  take 
such  gift,  grant,  devise  or  bequest,  under  and  by  the  style 
of  the  board  of  commissioners  of  the  teachers'  retirement 
fund,  of  such  city,  and  to  hold  the  same,  or  assign,  transfer 


53 

or  sell  the  same,  whenever  proper  and  necessary,  under  and 
by  such  name. 

Second.  Every  teacher  electing  to  accept  the  provisions 
of  this  act  shall  be  assessed  upon  his  or  her  salary  as  fol- 
lows :  For  the  first  twelve  years  of  teaching  service,  $10.00 
per  year;  for  the  next  eight  years  of  teaching  service, 
$20.00  per  year ;  for  each  subsequent  year  of  teaching  serv- 
ice, not  exceeding  thirty  years  in  all,  $25.00  per  year.  Mem- 
bers who  have  paid  the  fees  for  thirty  years  of  teaching 
service,  shall  not  be  required  to  pay  any  additional  fees 
however  long  thereafter  they  may  remain  in  the  employ  of 
the  board  of  school  trustees.  These  rates  shall  be  paid  in 
equal  payments  corresponding  with  the  second,  fourth, 
sixth  and  eighth  months  of  the  year  for  which  teachers' 
salaries  are  paid.  Teachers  accepting  the  provisions  of  this 
act  shall  be  required  to  pay  arrearages  at  the  above  rate 
with  interest  at  4%  per  annum  for  such  time  of  service  as 
they  are  authorized  to  have  recognized  under  the  provisions 
of  this  act :  Provided,  That  any  teacher  entitled,  under  the 
provisions  of  this  act,  to  a  credit  for  one  or  more  years  of 
teaching  service  at  the  time  when  he  or  she  elects  to  accept 
the  provisions  of  this  act,  may  waive  his  or  her  right  to  such 
credit  and  pay  only  current  rates  from  the  time  when  the 
membership  begins,  and  receive  no  credit  for  previous  serv- 
ice. Such  arrearages  may  be  paid  in  cash  during  the  first 
year  or  may  be  paid  in  five  equal  installments  with  interest 
at  the  rate  of  5%  per  annum,  payable  annually,  upon  the 
deferred  installments ;  and  in  case  the  latter  option  is  taken, 
interest  upon  the  deferred  installments  shall  commence  at 
the  end  of  the  first  year  after  electing  to  accept  the  provi- 
sions of  this  act :  Provided,  further,  That  in  case  any  teach- 
er is  retired  before  he  or  she  has  paid  in  fees  a  sum  equal 
to  one-half  of  the  maximum  annuities  to  which  he  or  she 
would  be  entitled,  then  and  in  that  case  there  shall  be  de- 
ducted from  the  annuity  to  be  paid  to  such  retired  teacher 
during  the  first  year,  such  sum  as  will  make  the  total  amount 
paid  by  such  teacher  one-half  of  the  maximum  annuity  to 
which  he  or  she  is  entitled  and  the  remainder  of  fees  or  ar- 
rearages due  or  to  be  paid  by  such  retired  teacher  shall  be 
payable  in  installments  as  hereinbefore  set  forth. 

Third.  The  board  of  school  trustees  of  such  city  shall 
levy  each  year,  in  addition  to  all  other  taxes  authorized  by 


54 

law,  a  special  tax  of  one-fourth  (J)  of  one  mill  upon  each 
one  dollar  ($1.00)  of  taxable  property  in  the  city,  which 
sum  shall  be  collected  as  other  taxes  are  collected  by  law, 
and  which  shall  be  credited  by  the  treasurer  of  such  city  to 
the  said  teachers'  retirement  fund,  and  shall  not  be  used  or 
devoted  to  any  other  than  the  purposes  of  said  fund.  And 
nothing  in  this  act  shall  be  deemed  to  take  from  said  board 
of  school  trustees  the  powers  now  given  to  said  board  in  re- 
lation to  the  levy  of  taxes  under  existing  statutes. 

Funds — How  Invested. 

SEC.  4.  The  board  of  commissioners  of  such  teachers'  re- 
tirement fund  shall  determine  what  part  of  said  fund  may 
be  safely  invested,  and  how  much  shall  be  retained  for  the 
immediate  needs,  demands  and  exigencies  of  said  fund. 
Such  investment  shall  be  made:  (1)  In  interest-bearing 
bonds  of  the  United  States,  or  of  the  State  of  Indiana,  or  in 
any  bond  lawfully  issued  by  any  state  or  county,  township, 
city  or  other  municipal  corporation,  either  within  or  without 
the  State  of  Indiana;  (2)  loans,  secured  by  mortgage  upon 
real  estate  within  the  county  wherein  such  city  is  located, 
which  loans  shall  not  be  in  excess  of  fifty  per  centum  of  the 
appraised  value  of  such  real  estate.  All  bonds,  mortgages 
and  other  securities  shall  be  deposited  with  and  remain  in 
the  custody  of  the  treasurer  of  said  board,  who  shall  collect 
all  interest  due  thereon  and  all  the  income  therefrom,  as  the 
same  shall  become  due  and  payable. 

Sinking  Fund. 

SEC.  5.  The  board  of  commissioners  of  such  teachers'  re- 
tirement fund  shall  establish  a  sinking  fund,  to  the  credit  of 
which  shall  be  put  and  deposited  all  gifts,  grants,  devises 
and  bequests,  and  the  unexpended  balance  remaining  at  the 
expiration  of  each  fiscal  year,  and  such  sinking  fund  shall 
be  and  remain  a  permanent  fund,  and  no  part  thereof  shall 
be  expended  except  the  interest  and  income  thereof  and 
therefrom :  Provided,  That  one-half  of  the  amount  added 
to  such  sinking  fund  any  year  may  be  used,  if  necessary, 
during  the  year  immediately  following. 


55 

Pensions — How  Classified. 

SEC.  6.  Said  teachers'  retirement  fund  shall  be  used  and 
devoted  in  the  manner  and  for  the  purposes  as  follows: 
Any  person  electing  the  provisions  of  this  act  who  shall 
have  rendered  twenty  years  or  more  of  teaching  service  in 
the  public  schools,  twelve  of  which  may  have  been  in  public 
schools  outside  of  said  city  of  not  less  than  55,000  nor  more 
than  60,000  inhabitants,  according  to  the  last  preceding- 
United  States  census,  who  ceases  to  be  in  the  employ  of  the 
board  of  school  trustees  from  any  cause,  shall  be  entitled 
to  an  annuity  in  accordance  with  the  following  schedule : 

For  20  years  of  service - $300  00 

For  21  years  of  service 325  00 

For  22  years  of  service 350  00 

For  23  years  of  service 375  00 

For  24  years  of  service 400  00 

For  25  years  of  service 430  00 

For  26  years  of  service 460  00 

For  27  years  of  service 490  00 

For  28  years  of  service 525  00 

For  29  years  of  service 560  00 

For  30  or  more  years  of  service 600  00 

Provided,  That  no  teacher  in  the  service  of  said  board  of 
school  trustees  at  the  time  of  the  passage  of  this  act  may  be 
credited  with  more  than  twenty-five  (25)  years  of  service. 
Such  annuities  shall  be  paid  in  four  equal  payments  as  fol- 
lows: On  January  first,  April  first,  July  first  and  October 
first,  of  each  year.  In  the  event  that  any  teacher  electing 
the  provisions  of  this  act  for  any  reason  leaves  the  services 
of  the  board  of  school  trustees  before  said  teacher  has  been 
credited  with  twenty  (20)  years  of  service,  such  teacher 
shall  be  entitled  to  withdraw  from  the  treasury  of  said 
teachers'  retirement  fund,  such  sum  as  will  equal  all  pay- 
ments made  by  such  teacher  into  the  treasury  of  this  fund 
as  fees,  without  interest:  Provided,  further,  That  in  the 
event  that  such  teacher  subsequently  returns  to  the  employ 
of  the  board  of  school  trustees,  such  teacher  shall  be  re- 
quired to  refund  to  said  fund  the  amount  so  withdrawn,  with 
interest  thereon  at  the  rate  of  5  per  cent,  per  annum,  such 
sum  to  be  so  refunded  within  one  (1)  year  from  the  date  of 


56 

his  or  her  return  to  service  in  the  schools  of  said  city  of  not 
less  than  55,000  nor  more  than  60,000  inhabitants.  In  the 
event  of  the  death  of  any  teacher  electing  the  provisions  of 
this  act,  before  such  teacher  has  been  retired  upon  an  an- 
nuity, then  and  in  that  case  the  heirs  or  legatees  of  such  de- 
ceased teacher  shall  be  entitled  to  a  sum  out  of  said  fund 
equal  to  the  sum  paid  into  said  fund  by  such  deceased 
teacher,  without  interest:  Provided,  further,  That  no 
teacher  retiring  before  being  credited  with  thirty  (30)  years 
of  service  may  be  entitled  to  an  annuity  unless  such  teacher 
be  granted  such  annuity  by  the  board  of  commissioners  of 
said  retirement  fund  at  the  time  of  such  retirement. 

Time  of  Service — How  Computed. 

SEC.  7.  In  computing  years  of  service,  as  provided  in  this 
act,  the  board  of  commissioners  may  include  service  as  a 
public  school  teacher  rendered  outside  of  such  city,  not, 
however,  in  excess  of  twelve  years,  as  a  portion  of  such 
services  necessary  before  any  teacher  shall  be  entitled  to 
any  of  the  benefits  of  this  act:  Provided,  That  nothing  in 
this  section  shall  affect  the  amount  or  amounts  to  be  paid 
into  such  retirement  fund  by  teachers  before  being  entitled 
to  an  annuity.  And  any  teacher  may  be  given  a  leave  of 
absence  for  study,  professional  improvement  or  temporary 
disability,  not  exceeding  one  (1 )  year  in  seven  (7),  and  shall 
be  regarded  as  a  teacher  and  entitled  to  the  benefits  of  this 
act:  Provided,  That  during  such  absence  he  or  she  con- 
tinues to  pay  into  such  fund  the  amount  of  assessment  pay- 
able by  such  teacher  as  provided  in  the  schedule  in  section 
6  of  this  act. 

Services  Before  Passage  of  Act. 

SEC.  8.  In  computing  time,  under  the  provisions  of  this 
act,  such  time  shall  include  services  rendered  before,  as  well 
as  after,  the  taking  effect  of  this  act.  And  the  full  term  or 
year  of  school  in  the  corporation  in  which  such  service  was 
rendered  shall  constitute  a  year  of  service  under  this  act. 

By-Laws  for  Management. 

SEC.  9.  The  board  of  commissioners  shall  have  the  power 
and  authority  to  make  all  necessary  by-laws  providing  for 


57 

the  election  of  such  commissioners  to  be  elected  as  in  this 
act  provided,  the  counting  and  canvassing  of  the  votes  for 
the  same,  their  meetings,  for  the  collection  of  all  moneys 
and  other  property  coming  or  belonging  to  said  fund,  and 
all  other  matters  connected  with  the  care,  preservation  and 
disbursements  of  the  same,  and  the  proper  execution  of  the 
purposes  and  provisions  of  this  act.  And  any  annuity  au- 
thorized by  the  board  under  this  act  shall  be  subject  to  re- 
duction by  said  board  of  commissioners  whenever  in  its 
judgment  the  condition  of  the  retirement  fund  renders  such 
reduction  proper  or  necessary,  and  any  annuity  so  reduced 
may  thereafter  be  restored  or  increased,  as  such  board  may 
deem  best. 

Pensions  Exempt  from  Levy. 

SEC.  10.  All  annuities  granted  and  payable  out  of  said 
teachers '  retirement  fund  shall  be  and  are  exempt  from 
seizure  or  levy  upon  attachment,  execution,  supplemental 
process  and  all  other  process,  whether  mesne  or  final ;  and 
such  annuities  or  any  payment  of  the  same  shall  not  be  sub- 
ject to  sale,  assignment  or  transfer  by  any  beneficiary  and 
such  transfer  shall  be  absolutely  void. 

Definition. 

SEC.  11.  The  term  k'  teacher "  as  used  in  this  act  shall 
mean  and  include  the  superintendent  of  schools,  the  secre- 
tary to  the  superintendent,  any  principal,  assistant  prin- 
cipal, assistant  superintendent,  supervisor,  assistant  super- 
visor, person  in  charge  of  any  special  department  of  in- 
struction, and  any  teacher  or  instructor  now  or  hereafter 
regularly  employed  as  such  by  the  board  of  school  trustees 
of  such  city. 

Repeal. 

SEC.  12.  All  laws  and  parts  of  laws  in  conflict  with  any 
of  the  provisions  of  this  act  are  hereby  repealed. 

Emergency. 

SEC.  13.  Whereas,  an  emergency  exists  for  the  immediate 
taking  effect  of  this  act,  the  same  shall  be  in  force  from  and 
after  its  passage. 


58 


[H.  443.     Approved  March   15,   1913.] 

Teachers'  Pensions— Cities  20,000  to  100,000— Board. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  in  every  city  in  the  State  of  Indiana 
having  a  population  of  not  less  than  20,000  nor  more  than 
100,000  according  to  the  last  preceding  United  States  cen- 
sus, there  may  be  created  a  teachers'  retirement  fund, 
which  shall  be  governed  and  managed  by  a  board  of  commis- 
sioners, to  be  composed  of  five  members,  as  follows : 

The  president  of  the  board  of  school  trustees  of  such  city, 
the  superintendent  of  public  schools,  one  principal  and  two 
teachers  regularly  employed  in  the  public  schools  of  such 
city.  Said  principal  and  teachers  shall  be  selected  at  a 
meeting  of  the  public  school  teachers  of  such  city  on  the 
fourth  Saturday  of  March,  1913,  in  such  manner  and  at 
such  place  or  places  as  shall  be  determined  and  designated 
by  the  board  of  school  trustees  of  such  city ;  and  thereafter 
there  shall  be  selected  on  the  fourth  Saturday  of  March  of 
each  year  one  principal  and  two  teachers  as  members  of 
such  board  of  commissioners.  The  commissioners  shall 
hold  their  offices  until  their  successors  shall  be  selected  or 
elected  as  above  set  forth.  In  the  event  of  a  vacancy  upon 
said  board  occasioned  by  the  death,  resignation  or  disability 
of  either  of  said  principal  or  teachers,  then  the  public  school 
teachers  of  said  city  shall,  within  a  reasonable  time,  upon 
the  call  of  the  president  of  said  board  of  commissioners, 
hold  a  special  meeting  and  elect  a  successor  or  succes- 
sors. A  majority  of  said  commissioners  shall  constitute 
a  quorum  for  the  transaction  of  business  pertaining  to  said 
retirement  fufid.  Said  commissioners  shall  receive  no  pay 
for  their  services  as  such,  except  the  secretary  and  assist- 
ant treasurer,  each  of  whom  may  be  paid  such  sums  for 
services  as  may  be  fixed  by  the  board  of  commissioners: 
Provided,  however,  That  if  anyone  shall  act  as  such  secre- 
tary or  assistant  treasurer  who  shall  receive  any  of  the  ben- 
efits of  said  retirement  fund,  as  hereinafter  provided,  the 
amount  of  the  salary  so  received  by  such  secretary  or  assist- 
ant treasurer  shall  be  deducted  from  the  amount  to  which 
he  or  she  would  otherwise  be  entitled  as  a  beneficiary. 


59 

Officers  of  Board— Duties. 

SEC.  2.  Said  board  of  commissioners  shall  elect  from 
among  it  number  a  president,  vice-president  and  secre- 
tary. The  president  shall  preside  at  the  meetings  of  the 
board  and  perform  alt  other  duties  usual  to  such  office.  The 
vice-president  shall  perform  the  duties  of  the  president  in 
his  absence.  It  shall  be  the  duty  of  the  secretary  to  keep 
a  true  and  accurate  account  of  the  proceedings  of  said 
board  of  commissioners,  and  of  the  teachers  of  such  city 
when  acting  upon  matters  with  relation  to  said  fund,  and 
to  turn  over  to  his  or  her  successor  all  books  and  papers 
pertaining  to  such  office.  The  secretary  of  the  superintend- 
ent of  schools  of  such  city  shall  act  as  assistant  treasurer, 
and  it  shall  be  his  or  her  duty  to  keep  a  true  and  correct 
statement  of  the  account  of  each  member  with  said  retire- 
ment fund,  to  collect  and  turn  over  to  the  treasurer  of  said 
board  all  moneys  belonging  to  said  fund,  and  to  render  to 
the  board  a  monthly  account  of  his  or  her  doings.  He  or 
she  shall  furnish  bond  in  such  amount  as  shall  be  deter- 
mined and  required  by  said  board  of  commissioners  and 
the  board  of  commissioners,  shall  allow  him  or  her  such 
compensation  for  his  or  her  services  as  it  may  deem  proper. 

The  treasurer  of  such  city  shall  be  ex-officio  the  treas- 
urer of  said  board  of  commissioners,  and  he  shall  receive 
and  hold  all  moneys  belonging  to  such  teachers '  retirement 
fund ;  he  shall  have  the  custody  of  all  notes,  bonds  and  other 
securities  belonging  to  said  fund,  and  shall  collect  the  prin- 
cipal and  interest  of  the  same  and  shall  be  liable  on  his  bond 
as  such  city  treasurer  for  the  performance  of  all  the  duties 
imposed  upon  him  by  this  act  and  for  the  faithful  account- 
ing of  all  moneys  and  securities,  including  both  principal 
and  interest  which  may  come  into  his  hands  and  which  shall 
belong  to  such  retirement  fund.  And  he  shall  keep  a  sepa- 
rate account  which  shall  show  at  all  times  the  true  condition 
of  such  fund.  Said  treasurer  shall,  upon  the  expiration  of 
his  term  of  office,  account  to  said  board  of  commissioners 
for  all  moneys,  notes,  bonds,  and  other  securities  coming 
into  his  hands,  and  for  interest,  income,  profits,  rentals  and 
proceeds  of  and  from  the  same,  and  he  shall  turn  over  to  his 
successor  all  moneys,  notes,  bonds  and  other  securities  be- 
longing to  said  fund. 


60 

The  secretary,  treasurer  and  assistant  treasurer  shall 
make  a  full,  true  and  accurate  report  of  their  offices  and 
trusts  at  each  annual  meeting  of  such  teachers  in  March  of 
each  year.  Their  books  shall  at  all  times  be  open  to  inspec- 
tion or  examination. 

Rules  and  Regulations. 

SEC.  3.  Such  board  of  commissioners  shall  have  full 
charge  and  control  of  the  teachers '  retirement  fund  of  such 
city  with  power  to  adopt  and  enforce  all  needful  regula- 
tions governing  the  same,  not  inconsistent  with  this  act. 
Such  fund  shall  be  derived  from  the  following  sources : 

First.  All  moneys  that  may  be  given  to  said  board  of 
commissioners  or  to  said  fund  or  to  the  board  of  school 
trustees  of  said  city,  for  the  use  of  said  board  of  commis- 
sioners of  teachers'  retirement  fund,  by  any  person  or  per- 
sons. Such  board  of  commissioners  may  take  by  gift,  grant, 
devise  or  bequest,  any  money,  choses-in- action,  personal 
property,  real  estate,  or  any  interest  therein,  and  any 
such  gift,  grant,  devise  or  bequest,  may  be  absolute,  or  upon 
the  condition  that  only  the  rent,  profits  and  income  arising 
from  the  same  shall  be  applied  to  the  use  and  purposes  of 
said  fund.  Such  board  of  commissioners  shall  be  author- 
ized to  take  such  gift,  grant,  devise  or  bequest,  under  and 
by  the  style  of  the  board  of  commissioners  of  the  teachers' 
retirement  fund,  of  such  city,  and  to  hold  the  same,  or  as- 
sign, transfer  or  sell  the  same,  whenever  proper  and  neces- 
sary, under  and  by  such  name. 

Second.  Every  teacher  electing  to  accept  the  provisions 
of  this  act  shall  be  assessed  upon  his  or  her  salary  as  fol- 
lows :  For  the  first  twelve  years  of  teaching  service,  $10.00 
per  year;  for  the  next  eight  years  of  teaching  service, 
$20.00  per  year ;  for  each  subsequent  year  of  teaching  serv- 
ice, not  exceeding  thirty  years  in  all,  $25.00  per  year. 

Members  who  have  paid  the  fees  for  thirty  years  of  teach- 
ing service,  shall  not  be  required  to  pay  any  additional  fees 
however  long  thereafter  they  may  remain  in  the  employ  of 
the  board  of  school  trustees.  These  rates  shall  be  paid  in 
equal  payments  corresponding  with  the  second,  fourth, 
sixth  and  eighth  months  of  the  year  for  which  te 
salaries  are  paid. 


61 

Teachers  accepting  the  provisions  of  this  act  shall  be 
required  to  pay  arrearages  at  the  above  rate  with  interest 
at  4%  per  annum  for  such  time  of  service  as  they  are 
authorized  to  have  recognized  under  the  provisions  of  this 
act,  provided  that  any  teacher  entitled,  under  the  pro- 
visions of  this  act,  to  a  credit  for  one  or  more  years  of  teach- 
ing service  at  the  time  when  he  or  she  elects  to  accept  the 
provisions  of  this  act,  may  waive  his  or  her  right  to  such 
credit  and  pay  only  current  rates  from  the  time  when  the 
membership  begins,  and  receive  no  credit  for  previous  serv- 
ice. Such  arrearages  may  be  paid  in  cash  during  the  first 
year  or  may  be  paid  in  five  equal  installments  with  interest 
at  the  rate  of  5%  per  annum,  payable  annually,  upon  the 
deferred  installments ;  and  in  case  the  latter  option  is  taken, 
interest  upon  the  deferred  installments  shall  commence  at 
the  end  of  the  first  year  after  electing  to  accept  the  provi- 
sions of  this  act:  Provided,  further,  That  in  case  any 
teacher  is  retired  before  he  or  she  has  paid  in  fees  a  sum 
equal  to  one-half  of  the  maximum  annuities  to  which  he  or 
she  would  be  entitled,  then  and  in  that  case  there  shall  be 
deducted  from  the  annuity  to  be  paid  to  such  retired  teacher 
during  the  first  year,  such  sum  as  will  make  the  total  amount 
paid  by  such  teacher  one-half  of  the  maximum  annuity  to 
which  he  or  she  is  entitled  and  the  remainder  of  fees  or 
arrearages  due  or  to  be  paid  by  such  retired  teacher  shall 
be  payable  in  installments  as  hereinbefore  set  forth. 

Third.  The  board  of  school  trustees  of  such  city  shall 
levy  each  year,  in  addition  to  all  other  taxes  authorized  by 
la,w,  a  special  tax  of  one-fourth  (7})  of  one  mill  upon  each 
one  dollar  ($1.00)  of  taxable  property  in  the  city,  which 
sum  shall  be  collected  as  other  taxes  are  collected  by  law, 
and  which  shall  be  credited  by  the  treasurer  of  such  city  to 
the  said  teachers '  retirement  fund,  and  shall  not  be  used  or 
devoted  to  any  other  than  the  purposes  of  said  fund.  And 
nothing  in  this  act  shall  be  deemed  to  take  from  said  board 
of  school  trustees  the  powers  now  given  to  said  board  in 
relation  to  the  levy  of  taxes  under  existing  statutes. 

Fund  Invested. 

SEC.  4.  The  board  of  commissioners  of  such  teachers' 
retirement  fund  shall  determine  what  part  of  said  fund  may 


62 

be  safely  invested,  and  how  much  shall  be  retained  for  the 
immediate  needs,  demands  and  exigencies  of  said  fund. 
Such  investment  shall  be  made:  (1)  In  interest-bearing 
bonds  of  the  United  States,  or  of  the  State  of  Indiana,  or  in 
any  bond  lawfully  issued  by  any  state  or  county,  township, 
city  or  other  municipal  corporation,  either  within  or  without 
the  State  of  Indiana;  (2)  loans,  secured  by  mortgage  upon 
real  estate  within  the  county  wherein  such  city  is  located, 
which  loans  shall  not  be  in  excess  of  fifty  percentum  of  the 
appraised  value  of  such  real  estate.  All  bonds,  mortgages 
and  other  securities  shall  be  deposited  with  and  remain  in 
the  custody  of  the  treasurer  of  said  board,  who  shall  collect 
all  interest  due  thereon  and  all  the  income  therefrom,  as 
the  same  shall  become  due  and  payable. 

Sinking  Fund. 

SEC.  5.  The  board  of  commissioners  of  such  teachers' 
retirement  fund  shall  establish  a  sinking  fund,  to  the  credit 
of  which  shall  be  put  and  deposited  all  gifts,  grants,  de- 
vises and  bequests,  and  the  unexpended  balance  remaining 
at  the  expiration  of  each  fiscal  year,  and  such  sinking  fund 
shall  be  and  remain  a  permanent  fund,  and  no  part  thereof 
shall  be  expended  except  the  interest  and  income  thereof 
and  therefrom :  Provided,  That  one-half  of  the  amount 
added  to  such  sinking  fund  any  year  may  be  used,  if  neces- 
sary, during  the  year  immediately  following. 

Annual  Pensions. 

SEC.  6.  Said  teachers'  retirement  fund  shall  be  used  and 
devoted  in  the  manner  and  for  the  purposes  as  follows : 

Any  person  electing  the  provisions  of  this  act  who  shall 
have  rendered  twenty  years  or  more  of  teaching  service  in 
the  public  schools,  twelve  of  which  may  have  been  in  public 
schools  outside  of  said  city  of  not  less  than  20,000  nor  more 
than  100,000  inhabitants,  according  to  the  last  preceding 
United  States  census,  who  ceases  to  be  in  the  employ  of  tin1 
board  of  school  trustees  from  any  cause,  shall  be  entitled 
to  an  annuity  in  accordance  with  the  following  schedule : 

For  20  years  of  service $300  03 

For  21  years  of  service 32§  00 

For  22  vears  of  service .  .  .350  00 


63 

For  23  years  of  service 375  00 

For  24  years  of  service 400  00 

For  25  years  of  service 430  00 

For  26  years  of  service 460  00 

For  27  years  of  service 490  00 

For  28  years  of  service 525  00 

For  29  years  of  service 560  00 

For  30  or  more  years  of  service . 600  00 

Provided,  That  no  teacher  in  the  service  of  said  board  of 
school  trustees  at  the  time  of  the  passage  of  this  act  may 
be  credited  with  more  than  twenty-five  (25)  years  of 
service. 

Such  annuities  shall  be  paid  in  four  equal  payments  as 
follows :  On  January  first,  April  first,  July  first  and  Octo- 
ber first,  of  each  year. 

In  the  event  that  any  teacher  electing  the  provisions  of 
this  act  for  any  reason  leaves  the  services  of  the  board  of 
school  trustees  before  said  teacher  has  been  credited  with 
twenty  (20)  years  of  service,  such  teacher  shall  be  entitled 
to  withdraw  from  the  treasury  of  said  teachers '  retirement 
fund,  such  sum  as  will  equal  all  payments  made  by  such 
teacher  into  the  treasury  of  this  fund  as  fees,  without 
interest. 

Provided,  further,  That  in  the  event  that  such  teacher 
subsequently  returns  to  the  employ  of  the  board  of  school 
trustees,  such  teacher  shall  be  required  to  refund  to  said 
fund  the  amount  so  withdrawn,  with  interest  thereon  at 
the  rate  of  5  per  cent,  per  annum,  such  sum  to  be  so  refund- 
ed within  one  (1)  year  from  the  date  of  his  or  her  return 
to  service  in  the  schools  of  said  city  of  not  less  than  20,000 
nor  more  than  100,000  inhabitants.  In  the  event  of  the 
death  of  any  teacher  electing  the  provisions  of  this  act, 
before  such  teacher  has  been  retired  upon  an  annuity,  then 
and  in  that  case  the  heirs  or  legatees  of  such  deceased 
teacher  shall  be  entitled  to  a  sum  out  of  said  fund  equal  to 
the  sum  paid  into  said  fund  by  such  deceased  teacher,  with- 
out interest. 

Provided,  further,  That  no  teacher  retiring  before  being 
credited  with  thirty  (30)  years  of  service  may  be  entitled  to 
an  annuity  unless  such  teacher  be  granted  such  annuity  by 


64 

the  board  of  commissioners  of  said  retirement  fund  at  the 
time  of  such  retirement. 

Years  of  Service— How  Computed. 

SEC.  7.  In  computing  years  of  service,  as  provided  in 
this  act,  the  board  of  commissioners  may  include  service  as 
a  public  school  teacher  rendered  outside  of  such  city,  not, 
however,  in  excess  of  twelve  years,  as  a  portion  of  such, 
services  necessary  before  any  teacher  shall  be  entitled  to 
any  of  the  benefits  of  this  act :  Provided,  That  nothing  in 
this  section  shall  affect  the  amount  or  amounts  to  be  paid 
into  such  retirement  fund  by  teachers  before  being  entitled 
to  an  annuity.  And  any  teacher  may  be  given  a  leave  of 
absence  for  study,  professional  improvement  or  temporary 
disability,  not  exceeding  one  (1)  year  in  seven  (7),  and 
shall  be  regarded  as  a  teacher  and  entitled  to  the  benefits 
of  this  act :  Provided,  That  during  such  absence  he  or  she 
continues  to  pay  into  such  fund  the  amount  of  assessment 
payable  by  such  teacher  as  provided  in  the  schedule  in  sec- 
tion six  (6)  of  this  act. 

Definition. 

SEC.  8.  In  computing  time,  under  the  provisions  of  this 
act,  such  time  shall  include  services  rendered  before,  as 
well  as  after,  the  taking  effect  of  this  act.  And  the  full  term 
or  year  of  school  in  the  corporation  in  which  such  service 
was  rendered  shall  constitute  a  year  of  service  under  this 
act. 

Election  of  Commissioners — By-Laws. 

SEC.  9.  The  board  of  commissioners  shall  have  the  power 
and  authority  to  make  all  necessary  by-laws  providing  for 
the  election  of  such  commissioners  to  be  elected  as  in  this 
act  provided,  the  counting  and  canvassing  of  the  votes  for 
the  same,  their  meetings,  for  the  collection  of  all  moneys 
and  other  property  coming  or  belonging  to  said  fund,  and 
all  other  matters  connected  with  the  care,  preservation  and 
disbursement  of  the  same,  and  the  proper  execution  of  the 
purposes  and  provisions  of  this  act.  And  any  annuity  au- 
thorized by  the  board  under  this  act  shall  be  subject  to  re- 
duction by  said  board  of  commissioners  whenever  In  its 


65 

judgment  the  condition  of  the  retirement  fund  renders  such 
reduction  proper  or  necessary,  and  any  annuity  so  reduced 
may  thereafter  be  restored  or  increased,  as  such  board  may 
deem  best. 

Pensions  Exempt  from  Attachment. 

SEC.  10.  All  annuities  granted  and  payable  out  of  said 
teachers'  retirement  fund  shall  be  and  are  exempt  from 
seizure  or  levy  upon  attachment,  execution,  supplemental 
process  and  all  other  process,  whether  mesne  or  final;  and 
such  annuities  or  any  payment  of  the  same  shall  not  be  sub- 
ject to  sale,  assignment  or  transfer  by  any  beneficiary  and 
such  transfer  shall  be  absolutely  void. 

Definition  of  "Teacher." 

SEC.  11.  The  term  "teacher"  as  used  in  this  act  shall 
mean  and  include  the  superintendent  of  schools,  the  secre- 
tary to  the  superintendent,  any  principal,  assistant  prin- 
cipal, assistant  superintendent,  supervisor,  assistant  super- 
visor, person  in  charge  of  any  special  department  of  in- 
struction, and  any  teacher  or  instructor  now  or  hereafter 
regularly  employed  as  such  by  the  board  of  school  trustees 
of  such  city. 

Repeal. 

SEC.  12.  All  laws  or  parts  of  laws  in  conflict  with  any  of 
the  provisions  of  this  act  are  hereby  repealed. 

Emergency. 

SEC.  13.  Whereas,  an  emergency  exists  for  the  immediate 
taking  effect  of  this  act,  the  same  shall  be  in  force  from  and 
after  its  passage. 

[H.  268.     Approved  March   14,   1913.] 

Schools—Transportation  of  Pupils— Payment  of  Expense. 

SECTION  1.  Be  it  enacted  Toy  the  general  assembly  of  the 
State  of  Indiana,  That  section  two  (2)  of  the  above  entitled 
act  be  amended  to  read  as  follows :  Section  2.  It  shall  be 
the  duty  of  the  township  trustee  to  provide  for  the  edu- 


66 

cation  of  such  pupils  as  are  affected  by  such  or  any  former 
discontinuance  in  other  schools,  and  they  shall  provide  and 
maintain  means  of  transportation  for  all  such  pupils  that 
live  at  a  greater  distance  than  two  (2)  miles  and  for  all  pu- 
pils between  the  ages  of  six  (6)  and  twelve  (12)  that  live 
less  than  two  (2)  miles  and  more  than  one  (1)  mile  from 
the  schools  to  which  they  may  be  transferred,  either  within 
the  township  or  in  an  adjoining  township  or  school  corpora- 
tion, as  a  result  of  such  discontinuance.  In  all  townships 
where  a  school  has  been  abandoned  under  the  provisions  of 
this  act,  the  trustee  shall  provide  for  the  transportation  of 
all  pupils  of  any  other  school  of  such  township  who  live 
more  than  two  (2)  miles  and  all  pupils  between  the  ages  of 
six  (6)  and  twelve  (12)  that  live  more  than  one  (1)  mile 
from  the  school  to  which  they  are  attached,  whenever  a  ma- 
jority of  the  patrons  of  such  school  petition  the  trustee  to 
provide  such  transportation.  Such  transportation  shall  be 
in  comfortable  and  safe  conveyances.  The  drivers  of  such 
conveyances  shall  furnish  the  teams  therefor,  and  shall  use 
every  care  for  the  safety  of  the  children  under  their  charge, 
and  shall  maintain  discipline  in  such  conveyances.  Eestric- 
tions  as  to  the  use  of  public  highways  shall  not  apply  to 
such  conveyances.  The  expenses  necessitated  by  the  carry- 
ing into  effect  of  the  provisions  of  this  act  shall  be  paid 
from  the  special  school  fund. 

[H.  672.     Approved  March  15,   1913.] 

Schools — City  and  Township — Joint  Graded  School. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  section  one  (1)  of  the  above  entitled 
act  be  amended  to  read  as  follows :  Section  1.  That  when- 
ever twenty-five  (25)  legal  voters  residing  in  any  incor- 
porated town  or  city  of  the  fifth  class  and  twenty-five  (25) 
legal  voters  residing  in  the  same  township,  but  outside  said 
town  or  said  city  shall  petition  the  school  board  of  said 
town  or  said  city  and  the  township  trustee  of  the  township 
in  which  said  town  or  said  city  is  located  to  erect  a  joint 
school  house  for  a  joint  graded  school,  or  a  joint  high 
school,  or  both,  or  such  modification  thereof  as  may  be 
practicable,  it  shall  be  the  duty  of  the  school  trustee  of 


67 

said  town  or  said  city  and  of  said  township  trustee  or  a 
majority  of  them  to  call  elections  of  the  voters  of  the  town 
or  city  and  the  voters  of  the  townships  residing  outside  of 
such  town  or  city  respectively,  for  the  purpose-  of  deter- 
mining whether  a  majority  of  the  legal  voters  of  each  school 
corporation  are  in  favor  of  building  said  joint  school  house. 
Such  elections  of  the  legal  voters  of  the  townships  outside 
of  the  town  or  city  shall  be  separate  and  independent.  Said 
trustees  shall,  upon  the  filing  of  said  petitions,  give  notice 
by  publication,  for  three  successive  publications,  in  a  weekly 
newspaper,  if  any,  published  in  said  township,  and  if  no 
weekly  is  published  in  said  township,  then  in  the  nearest 
newspaper  published  in  said  county,  that  on  a  day  to  be 
named  by  said  trustee  the  polls  will  open  at  the  several 
voting  places  in  said  township  named  in  the  petition  for 
the  purpose  of  taking  the  vote  of  the  legal  voters  thereof 
upon  whether  such  joint  school  house  shall  be  built;  said 
elections  shall  be  held  not  less  than  ten  (10)  days  nor  more 
than  twenty  (20)  days  after  the  last  publication  of  said 
notice. 

Cost  of  Construction — Tax  Levy — Bonds  Issued. 

SEC.  2.  That  section  three  (3)  of  the  above  entitled  act 
be  amended  to  read  as  follows :  Section  3.  The  cost  of  the 
construction  of  such  joint  school  house  shall  be  borne  by 
such  school  corporation  in  proportion  to  the  total  amount 
of  taxable  property  in  each  of  such  school  corporation.  If 
such  school  town  or  school  city  shall  not  have  money  avail- 
able to  pay  for  its  proportionate  part  of  the  cost  of  the 
construction  of  said  joint  school  house,  the  school  trustee 
of  such  town  or  such  city  may  issue  warrants  or  bonds  of 
such  corporation  to  meet  such  proportionate  cost.  If  there 
are  not  sufficient  funds  available  out  of  the  annual  township 
levy  to  meet  the  proportionate  cost  of  said  school  house 
to  be  paid  by  such  township,  then  the  township  advisory 
board  of  such  township  shall  order  bonds  or  warrants  to  be 
issued,  and  the  township  trustee  shall  issue  township  war- 
rants or  bonds  to  meet  such  proportionate  cost  to  be  paid 
by  such  school  township.  Such  bonds  authorized  by  this  act 
shall  be  payable  in  such  amounts  and  at  such  times  as  the 
trustees  of  said  corporations  respectively  may  determine 


68 

and  shall  bear  such  rate  of  interest  as  may  be  determined, 
not  exceeding  four  and  one-half  (4|)  per  cent. 

Joint  Ownership  of  Property. 

SEC.  3.  That  section  four  (4)  of  the  above  entitled  act 
be  amended  to  read  as  follows :  Section  4.  Any  school 
house  constructed  under  the  provisions  of  this  act  shall 
be  joint  property  of  said  corporations,  and  such  property 
shall  be  owned  by  such  corporations  in  proportion  to  the 
amount  paid  by  each  for  the  construction  of  the  same,  and 
said  school  shall  be  open  to  all  pupils  residing  in  said  town 
or  city  or  township  free  of  tuition.  The  trustee  of  said 
school  corporations  shall  have  the  control  and  management 
of  said  school  house  and  school  and  the  right  to  employ 
teachers  in  such  school.  Neither  of  said  corporations  shall 
ever  be  deprived  of  its  ownership  in  said  building  except 
upon  full  compensation  for  its  proportionate  interest  in  the 
same. 

[H.   773.     Approved   March   10,   1913.] 

Taxation — State  Revenue — Levy — General  Fund. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  in  the  year  1913  and  annually  there- 
after, there  shall  be  levied  and  collected  as  other  state 
taxes  are  levied  and  collected  the  sum  of  seven  cents  upon 
each  one  hundred  dollars'  worth  of  taxable  property,  and 
fifty  cents  on  each  taxable  poll  in  the  State  of  Indiana, 
which  money  when  collected  shall  be  paid  into  the  general 
fund  of  the  state  treasury. 

Benevolent  Institution  Fund — Levy. 

SEC.  2.  There  shall  be  in  the  year  1913  and  annually 
thereafter,  levied  and  collected  as  other  state  taxes  are 
levied  and  collected  the  sum  of  ten  cents  on  each  one  hun- 
dred dollars  worth  of  taxable  property  in  the  State  of  Indi- 
ana, which  money,  when  collected,  shall  be  paid  into  the 
state  treasury  and  shall  be  kept  and  known  as  the  "  benevo- 
lent institution  fund, ' '  and  shall  be  used  for  the  support  of 
the  benevolent  and  reformatory  institutions  of  the  state: 
Provided,  That  whenever  there  shall  be  a  credit  to  said 


69 

"benevolent  institution  fund,"  as  the  result  of  the  tax  in 
this  section  provided  for,  or  from  any  such  tax  heretofore 
levied  and  collected,  the  auditor  of  state  is  authorized  and 
empowered  to  charge  to  such  fund  and  transfer  and  credit 
to  the  general  fund  any  sum  or  sums  that  may  have  been 
heretofore,  or  that  may  hereafter  be  paid  out  of  the  general 
fund  for  the  use  and  benefit  of  said  benevolent  institutions, 
and  whenever  there  shall  be  a  deficit  in  such  fund  there 
shall  be  transferred  from  the  general  fund  and  credited  to 
the  benevolent  institution  fund  a  sum  sufficient  to  meet 
such  deficit. 

State  Debt  Sinking  Fund— Levy. 

SEC.  3.  That  there  shall  be  levied  and  collected  in  the 
year  1914,  and  annually  thereafter,  as  other  state  taxes  are 
levied  and  collected,  the  sum  of  one  and  one-half  (1|)  cents 
on  each  one  hundred  dollars  ($100.00)  "worth  of  taxable 
property  of  this  state,  which  money  when  so  collected,  shall 
be  paid  into  the  state  treasury,  and  shall  be  kept  and  known 
as  the  "state  debt  sinking  fund"  and  the  proceeds  from 
such  levy  and  tax  shall  be  used  for  the  payment  of  the 
principal  and  interest  of  the  public  debt  of  this  state  as  the 
same  may  become  due,  and  payable,  and  such  tax  shall  not 
be  diverted  from  said  purpose. 

Educational  Institution  Fund — Levy. 

SEC.  4.  There  shall  be  levied  and  collected  upon  the  tax- 
able property  of  the  State  of  Indiana  in  the  year  1913,  and 
in  each  year  thereafter,  for  the  use  and  benefit  of  the  Indi- 
ana University  (Indiana  University  School  of  Medicine, 
and  Hospital),  Purdue  University  and  the  Indiana  State 
Normal  School  to  be  apportioned  as  hereinafter  in  this  act 
provided,  a  tax  of  seven  cents  on  each  one  hundred  dollars 
of  taxable  property  in  Indiana,  to  be  levied,  collected  and 
paid  into  the  treasury  of  the  State  of  Indiana,  in  like  man- 
ner as  other  state  taxes  are  levied  and  collected  and  paid, 
and  the  same  shall  be  distributed  and  apportioned  among 
them,  severally  upon  the  basis  as  follows,  viz :  To  the  said 
trustees  of  Indiana  University  upon  the  basis  of  two-fifths 
(2-5)  of  the  total  proceeds  of  this  tax;  to 'the  trustees  of 
Purdue  University  upon  the  basis  of  two-fifths  (2-5)  of  the 


70 

total  proceeds  of  this  tax ;  and  to  the  trustees  of  the  Indiana 
State  Normal  School  upon  the  basis  of  one-fifth  (1-5)  of 
the  total  proceeds  of  this  tax.  The  money  derived  from 
the  tax  provided  for  in  this  act  shall  be  paid  to  the  trustees 
of  said  institutions  on  warrants  of  the  auditor  of  state,  in 
the  same  manner  as  the  benevolent  institution  fund  is  dis- 
bursed to  boards  of  trustees  of  benevolent  and  reformatory 
institutions.  When  the  funds  provided  for  by  this  act  for 
said  educational  institutions  shall  become  available,  said 
funds  shall  constitute  the  total  amounts  to  be  paid  out  of 
the  treasury  of  the  state  to  said  institutions  for  any  pur- 
pose, thereafter,  and  all  acts  and  parts  of  acts  in  conflict 
with  this  provision  are  hereby  repealed:  Provided,  That 
nothing  in  this  act  shall  effect  in  any  way  any  endowment 
or  permanent  fund  or  funds  that  may  belong  to  or  may 
have  been  appropriated  for  either  Indiana  University  or 
Purdue  University  or  the  right  of  any  of  said  institutions 
mentioned  in  this  act  to  any  taxes  heretofore  levied  for 
their  benefit,  but  all  such  taxes  heretofore  levied  are  hereby 
saved  to  said  institutions:  And,  provided,  further,  That 
no  part  of  the  general  school  revenue  of  the  state  shall  be 
deducted  or  set  apart  to  the  State  Normal  School. 

Unexpended  Balance — Educational  Institution  Fund. 

SEC.  5.  In  case  there  shall  be  any  unexpended  balance  at 
the  end  of  any  fiscal  year,  of  the  funds  provided  for  by  this 
act,  apportioned  to  any  one  of  said  educational  institutions, 
the  same  shall  not  revert  to  the  general  fund  but  shall  re- 
main and  belong  to  said  institution  to  which  it  wa~s  appor- 
tioned, to  be  expended  in  the  future  only  for  the  physical 
improvement  of  such  institution ;  and  no  educational  insti- 
tution herein  named  shall  construct  any  new  building  or 
buildings  from  said  fund  without  first  receiving  the  ap- 
proval of  the  state  board  of  finance. 

Repeal. 

SEC.  6.  All  laws  in  conflict  with  the  provisions  of  this 
act,  except  where  otherwise  provided  herein,  are  hereby 
repealed. 


Emergency. 

SEC.  7.  Whereas  an  emergency  exists  for  the  immediate 
taking  effect  of  this  act,  the  same  shall  be  in  full  force  from 
and  after  its  passage. 

[H.  502.  Approved  February  24,  1913.] 

Wills — Public  Bequests — Exempt  from  Taxation. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  when  any  money  or  property  is 
given  by  will,  or  otherwise,  to  any  executor  or  other  trustee 
to  be  by  him  used  and  applied  for  the  use  and  benefit  of 
any  municipal,  educational,  literary,  scientific,  religious  or 
charitable  purpose  within  the  State  of  Indiana,  and  the 
money  or  property,  if  it  had  been  given  directly  for  any 
such  purpose,  would  not  be  subject  to  taxation  under  exist- 
ing laws,  then  and  in  all  such  cases,  such  money  or  prop- 
erty shall  be  exempt  from  all  taxation  while  in  the  hands  of 
such  executor  or  other  trustee :  Provided,  He  shall  be  dili- 
gently and  in  good  faith  endeavoring  to  carry  out  the  pro- 
visions of  the  will  or  other  trust  arrangement,  and  to  use 
and  apply  such  money  or  property  to  the  purpose  for  which 
the  same  is  donated.  And  in  all  such  cases  where  any 
money  or  property  has  been  assessed  for  taxation  to  any 
executor  or  trustee  for  the  tax  year  1912,  the  taxes  thereon 
for  such  year  are  hereby  declared  to  be  void  and  shall  not 
be  collected,  and  for  such  year  and  all  subsequent  years 
such  money  or  property  shall  be  deemed  to  have  been  and 
be  exempt  from  all  taxation. 

Emergency. 

SEC.  2.  Whereas,  an  emergency  exists  for  the  immediate 
taking  effect  of  this  act,  the  same  shall  be  in  full  force  and 
effect  from  and  after  its  passage. 

[S.   219.     Approved    March    H,    1913.1 

Schools — Compulsory  Attendance  of  Children. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  it  shall  be  the  duty  of  every  parent, 
guardian,  or  other  person,  in  the  State  of  Indiana,  having 


72 

the  control  or  charge  of  any  child,  to  cause  such  child  to 
attend  regularly  a  public,  private,  or  parochial  day-school, 
or  two  or  more  of  such  schools,  during  each  school  year 
for  a  term  or  period  not  shorter  than  that  of  the  common 
schools  of  the  school  corporation  in  this  state  where  the 
child  resides.  This  section  shall  apply  to  every  child  not 
physically  or  mentally  disqualified,  as  hereinafter  provided, 
who  shall  be  of  the  age  of  seven  years  and  of  not  more  than 
the  age  of  fourteen  years,  and  shall  apply  to  every  child 
of  fourteen  years  or  more  and  not  more  than  sixteen  years 
of  age,  who  is  not  actually  and  regularly  employed,  during 
the  hours  of  the  common  school  of  such  school  corporation, 
in  a  useful  employment  or  service,  or  is  not  lawfully  em- 
ployed in  a  gainful  service  agreeably  to  the  provisions  of 
this  act  concerning  the  employment  of  children  in  gainful 
occupations.  If  a  child  otherwise  subject  to  the  provisions 
of  this  act  shall  be,  as  evidenced  by  a  certificate  of  a  repu- 
table, duly  licensed,  and  practicing  physician,  either  phys- 
ically or  mentally  unfit  to  attend  school,  then  during  such 
disability  this  act  shall  not  apply  to  such  child.  If  in  the 
absence  of  such  certificate,  the  person  having  control  or 
charge  of  any  child  shall  claim  that  it  is  so  physically  or 
mentally  unfit,  then  it  shall  be  the  duty  of  the  common 
school  corporation,  where  the  child  resides,  to  cause  the 
child  to  be  examined  by  such  physician  or  physicians,  and 
if  such  physician  or  physicians,  shall  certify  that  such  child 
is  mentally  or  physically  fit  to  attend  school,  then  such  child 
shall  not  be  exempt  from  the  provisions  of  this  act,  but  un- 
less they  so  certify  such  child  shall  be  exempt  from  the  pro- 
visions of  this  act  during  the  continuance  of  such  disability : 
Provided,  If  a  child,  otherwise  subject  to  the  provisions  of 
this  act,  shall  by  reason  of  deafness,  or  partial  deafness,  or 
of  blindness,  or  partial  blindness,  be  unable  to  secure  in 
the  school  named  herein  a  proper  education  by  use  of  the 
sense  of  hearing,  or  of  the  sense  of  sight,  the  parent,  guard- 
ian, or  other  person  having  the  control  or  charge  of  such 
children  shall  cause  them  between  seven  and  eighteen  years 
of  age  to  attend  the  Indiana  state  school  for  the  deaf,  or 
the  Indiana  school  for  the  blind,  during  the  full  scholastic 
terms  of  said  schools  unless  discharged  therefrom  by  the 
board  of  trustees  of  either  of  said  schools ;  and  the  employ- 


73 

ment  under  the  provisions  of  this  act  of  any  of  said  children 
between  the  ages  of  seven  and  eighteen  years  during  the 
school  terms  of  said  schools  respectively  is  hereby  prohib- 
ited unless  a  certificate  of  discharge  issued  by  the  super- 
intendent of  either  of  said  schools  be  presented  as  herein 
provided.  Application  for  admission  of  such  children  to 
such  school,  respectively,  shall  be  made  out  in  the  usual 
form  and  passed  upon  by  the  board  of  trustees  of  said  re- 
spective schools,  and  no  child  shall  be  permitted  to  enter 
either  of  said  schools  until  the  application  shall  have  been 
accepted  by  the  proper  board  of  trustees,  and  upon  the  re- 
jection of  any  child's  application  by  either  of  said  boards, 
neither  such  child  nor  its  parent,  guardian,  or  other  per- 
son having  control  or  charge  of  it,  shall  thereafter,  in  re- 
spect of  such  child,  be  subject  to  the  provisions  of  this  act, 
until  such  child's  application  shall  be  accepted. 

For  the  purpose  of  enforcing  this  act  the  age  of  children 
shall  be  established,  if  possible,  first,  by  a  duly  verified  copy 
of  birth  certificate  or  baptismal  certificate  or  passport  to 
be  produced  to  the  proper  common  school  corporation  by 
parents,  guardians  or  other  persons  having  control  or 
charge  of  children.  If  neither  such  certificate  nor  pass- 
port exists,  then  the  age  shall  be  established  by  the  first 
school  enumeration  in  which  the  age  of  the  child  appears. 
If  there  be  no  such  enumeration  then  by  the  affidavit  of  the 
parent,  guardian,  or  other  person  having  control  or  charge 
of  children,  and  the  supporting  affidavit  of  some  disinter- 
ested person. 

Age  Limit — Employment. 

SEC.  2.  No  child  under  sixteen  years  of  age  who  under 
the  provisions  of  this  act  would  otherwise  be  required  to 
attend  school,  shall  be  employed  in  any  occupation  during 
hours  wherein  the  common  schools  at  the  residence  of  the 
child  are  in  session,  unless  the  child  shall  have  attained  the 
age  of  fourteen  years  and  shall  have  procured  a  certificate 
from  the  executive  officer  of  the  common  school  corporation 
of  which  the  child  is  a  resident,  or  some  person  designated 
by  him,  showing  the  age,  date  and  place  of  birth,  if  known, 
or  ascertainable,  of  such  child  and  showing  that  the  child 
has  passed  the  fifth  grade  in  the  common  schools,  or  its 


74 

equivalent  and  a  written  and  signed  statement  from  the 
child's  employer  showing  that  the  person  making  it  has 
employed  or  is  about  to  employ,  such  child;  and  showing 
the  place  and  character  of  the  employment.  For  the  pur- 
pose of  making  the  certificate  herein  required,  it  shall  be 
the  duty  of  such  common  school  executive  or  other  person 
designated  by  him,  to  obtain  the  information  required  as 
in  section  1  of  this  act.  If  the  date  or  place  of  birth  can  not 
be  ascertained  in  any  of  these  modes,  then  the  school  offi- 
cer may  certify  that,  in  his  opinion,  the  child  is  fourteen 
years  of  age,  or  more,  and  is  physically  fit  to  undertake  the 
work  he  intends  to  do  and  to  issue  the  certificate  in  accord- 
ance therewith  to  the  employer  or  prospective  employer  of 
the  child.  The  employer  shall  keep  the  certificate  on  file 
and  shall  produce  it  for  inspection  and  demand  by  any 
inspector  of  the  department  of  inspection  or  any  other  offi- 
cial authorized  by  law  to  inspect  the  same,  and  shall  im- 
mediately when  his  employment  of  such  child  shall  cease, 
in  writing,  notify  the  school  corporation  of  that  fact  and 
the  date  thereof,  on  blanks  to  be  attached  to  the  certificate 
by  the  school  corporation.  It  shall  be  unlawful  for  the 
employer  to  re-employ  the  child  without  a  like  new  certifi- 
cate. Such  certificate  having  been  presented  to  the  em- 
ployer, it  shall  not  be  necessary  for  the  employer  to  pro- 
cure another  affidavit  of  the  child's  age  for  the  service  in 
the  occupation  mentioned  in  the  statement  of  the  employer 
to  the  school  corporation.  The  state  board  of  truancy  shall 
define  the  meaning  of  the  word  occupation  as  used  in  this 
act. 

Attendance  Officer — Duties. 

SEC.  3.  Attendance  officers  whose  appointment  is  by  this 
act  provided  for,  are  hereby  empowered  and  authorized  to 
enter  any  place  wherein  children  are  employed  for  the  pur- 
pose of  determining  whether  any  children  are  so  employed 
in  violation  of  the  provisions  of  this  act.  It  shall  be  the 
duty  of  all  parents,  guardians,  and  other  persons  having 
control  or  charge  of  children,  and  of  all  employers  of  chil- 
dren, to  furnish  the  attendance  officers,  upon  request,  full 
information  concerning  children  employed  by  them,  and 
for  such  purpose  attendance  officers  shall  have  the  right  to 


75 

examine  any  employment  certificates,  notices,  registers,  or 
other  lists  concerning  employed  children,  required  by  the 
law  to  be  kept  on  file  or  posted  in  places  where  children  are 
employed. 

How  Appointed. 

SEC.  4.  The  attendance  officers  mentioned  in  this  act 
shall  be  appointed  on  the  first  Monday  in  May  of  each  year 
and  shall  take  office  on  the  first  day  of  the  following  August. 
The  county  board  of  education  shall  appoint  an  attendance 
officer  for  the  county,  who  shall  be  known  as  county  attend- 
ance officer,  and  who  shall  be  under  the  county  superintend- 
ent, in  carrying  out  the  provisions  of  this  statute  and  who 
shall  be  subject  to  removal  from  office  by  the  county  board 
of  education  for  inefficiency,  incompetency,  or  neglect  of 
duty.  In  counties  having  a  population  of  fewer  than  25,000 
inhabitants,  according  to  the  last  preceding  United  States 
census,  the  county  board  of  education,  shall  appoint  the 
county  attendance  officer,  and  the  person  so  selected  shall 
serve  also  as  probation  officer  of  such  county.  It  shall  be 
the  duty  of  such  attendance  officer  to  see  that  the  provi- 
sions of  this  act  are  complied  with,  and  when  from  personal 
knowledge  or  by  report  or  complaint  from  any  resident  or 
teacher  within  the  territory  under  his  supervision,  he  be- 
lieves that  any  child,  subject  to  the  provisions  of  this  act 
is  habitually  tardy  or  absent  from  school  he  shall  immedi- 
ately give  or  send  by  mail,  to  the  parent,  guardian,  or  other 
person  having  control  or  charge  of  such  child,  a  written 
notice  that  the  prompt  and  regular  attendance  of  such  child 
at  school  is  required,  and  if,  within  five  days  after  this 
mailing  or  giving  of  notice,  the  person  to  whom  it  shall  be 
given  shall  not  comply  with  the  provisions  of  this  statute 
respecting  the  attendance  of  such  child  at  school,  then  such 
attendance  officer  shall  make  complaint  against  the  person 
so  notified  in  the  juvenile  court  of  that  county,  or  the  cir- 
cuit court  acting  as  juvenile  court,  or  in  any  court  of  record, 
setting  forth  the  violation  of  the  provisions  of  this  act.  But 
one  notice  shall  be  required  for  any  one  child  during  any 
one  school  year.  Any  person  so  notified  who  shall  violate 
the  provisions  of  this  statute  concerning  the  attendance  of 
a  child  at  school,  shall  be  adjudged  guilty  of  a  misdemeanor 


76 

and  upon  conviction  thereof  shall  be  fined  not  less  than  one 
dollar  nor  more  than  twenty-five  dollars,  to  which  may  be 
added  in  the  discretion  of  the  court,  imprisonment  in  the 
county  jail  for  not  less  than  two  nor  more  than  ninety  days. 
Any  attendance  officer  failing  to  perform  any  duties  im- 
posed upon  him  by  the  provisions  of  this  act  shall,  upon 
conviction,  be  fined  in  the  sum  of  five  dollars  for  each  such 
failure. 

Number  of  Attendance  Officers. 

SEC.  5.  A  city  having  a  school  enumeration  of  2,000  or 
more  children,  or  two  or  more  cities  or  towns  in  any  county 
having  a  combined  school  enumeration  of  2,000  or  more, 
may,  if  it  or  they  desire,  constitute  a  separate  district  for 
the  administration  of  this  act.  Cities  of  this  state  having  a 
school  enumeration  of  2,000  and  less  than  10,000  children, 
shall  have  but  one  attendance  officer;  cities  of  more  than 
1 0,000  and  fewer  than  20,000  may  have  two  attendance  offi- 
cers ;  cities  of  20,000  and  fewer  than  30,000  may  have  three 
attendance  officers;  cities  of  30,000  and  fewer  than  40,000 
may  have  four  attendance  officers;  and  cities  of  40,000  or 
more  school  enumeration  may  have  five  or  more  attendance 
officers,  the  number  to  be  determined  by  the  board  of 
school  commissioners  of  such  city.  The  attendance  officers 
of  cities  and  such  separate  districts  constituted  as  above 
provided,  shall  enforce  the  provisions  of  this  act  in  the 
manner  mentioned  in  section  4  hereof  and  shall  be  subject 
to  the  penalties  therein  mentioned  for  failure  in  the  per- 
formance of  duty.  The  attendance  officers  of  cities  men- 
tioned in  this  act  shall  be  appointed  by  the  school  trustees 
or  board  of  school  commissioners,  respectively,  of  such 
city.  A  person  to  be  eligible  for  appointment  as  county  or 
other  attendance  officer,  in  pursuance  of  this  act  shall  have 
completed  the  eighth  grade  of  the  state's  common  schools 
or  have  an  education  equivalent  thereto. 

Per  Diem. 

SEC.  6.  Attendance  officers  shall  receive  from  the  county 
treasury  two  dollars  for  each  day  of  actual  service,  to  be 
paid  by  the  county  treasurer  upon  a  warrant  signed  by  the 
county  auditor,  and  the  county  council  shall  appropriate. 


77 

and  the  board  of  county  commissioners  shall  allow  the  funds 
necessary  to  make  such  payment.  No  warrant  for  the  pay- 
ment of  such  compensation  to  any  attendance  officer  shall 
be  issued  until  the  attendance  officer  shall  have  filed,  with 
the  county  auditor  an  itemized  statement  of  the  time  he  has 
been  employed,  and  until  such  statement  shall  have  been 
certified  by  the  superintendent  of  schools  of  the  county  or 
of  the  school  corporation  which  he  serves. 

Record  of  Attendance. 

SEC.  7.  An  accurate  record  of  the  attendance  of  all  chil- 
dren who  have  reached  the  age  of  seven  y.ears  and  have  not 
passed  the  age  of  sixteen  shall  be  kept  daily  by  the  teacher 
of  every  school,  showing  by  the  year,  month,  day  of  the 
month,  and  day  of  the  week,  such  attendance.  Such  records 
shall  at  all  times  be  open  to  the  school  authorities  of  the 
city  or  district  and  every  such  teacher  shall  fully  answer 
all  inquiries  lawfully  made  by  such  school  authorities  or 
by  attendance  officers  or  other  duly  authorized  persons.  All 
school  officers  and  teachers  are  hereby  required  to  make  and 
furnish  all  reports  that  may  be  required  by  the  superin- 
tendent of  public  instruction,  by  the  state  board  of  truancy, 
or  the  attendance  officer  with  reference  to  the  workings  of 
this  act. 

State  Board  of  Truancy. 

SEC.  8.  A  state  board  of  truancy,  to  consist  of  the  state 
superintendent  of  public  instruction,  a  member  of  the  state 
board  of  education,  designated  by  that  board  for  such  pur- 
pose, and  the  secretary  of  the  board  of  state  charities,  is 
hereby  created.  Said  board  shall  have  power  to  determine 
the  special  educational  requirements  to  be  possessed  by  all 
persons  appointed  as  attendance  officers  and  shall  take  such 
steps  toward  the  uplift,  unification,  and  systematization  of 
methods  of  attendance  work  in  this  state  as  may  be  deemed 
proper  by  them  and  shall  have  all  powers  specified  in  this 
act;  and  shall  have  power  and  be  charged  with  the  duty 
and  responsibility  of  administering  this  act,  defining  the 
meaning  of  the  terms  used  herein  and  setting  up  such  stand- 
ards, rules,  regulations,  and  procedure  under  the  provisions 
of  this  act  as  may  be  necessary  from  time  to  time  to  carry 


78 

the  same  into  effect  and  which  local  authorities  charged 
with  the  administration  of  this  act  shall  be  required  to 
follow. 

Assistance  Furnished. 

SEC.  9.  If  any  parent,  guardian,  or  other  person  having 
control  or  charge  of  any  child,  who  is  subject  to  the  provi- 
sions of  this  act,  does  not  have  sufficient  means  to  furnish 
such  child  with  books  and  clothing  necessary  to  the  attend- 
ance upon  school,  then  the  school  corporation  where  such 
child  resides  shall  furnish  it  temporary  aid  for  such  pur- 
pose, which  aid  shall  be  allowed  and  repaid  to  such  school 
corporation  upon  the  certificate  of  the  executive  officer  of 
such  school  corporation,  by  the  township  overseer  of  the 
poor  in  the  manner  provided  by  law  for  the  relief  of  the 
poor.  Such  certificate  shall  be  accompanied  by  such  infor- 
mation as  will  enable  the  overseer  of  the  poor  to  make  the 
reports  required  by  law  governing  the  relief  of  the  poor. 

Separate  Schools  for  Incorrigibles. 

SEC.  10.  All  common  school  corporations  in  this  state 
are  hereby  empowered  to  maintain,  either  within  or  without 
the  corporate  limits  of  such  corporation,  a  separate  school 
for  incorrigible  and  truant  children.  Any  child  who  shall 
be  a  truant  or  incorrigible  may  be  compelled  by  the  school 
corporation  to  attend  such  separate  school  for  an  indeter- 
minate time. 

Confirmed  Truant. 

SEC.  11.  Any  child,  subject  to  the  provisions  of  this  act 
who  habitually  absents  itself  from  school  may  be  declared 
by  the  attendance  officer  and  superintendent  of  schools  of 
the  county  or  of  the  city  where  it  resides  a  confirmed  tru- 
ant. Such  confirmed  truant  may  be  sentenced  by  the  judge 
of  the  juvenile  court,  or  by  the  judge  of  the  circuit  court 
acting  as  judge  of  the  juvenile  court  or  by  the  judge  of  any 
court  of  record,  if  a  boy,  to  the  Indiana  boys '  school,  or  if 
a  girl,  to  the  Indiana  girls'  school  provided  such  child  is 
within  the  age  limit  set  for  admission  to  such  institutions. 
If  deemed  advisable  by  the  judge  such  incorrigible  child 


79 

may  be  sent  to  such  other  custodial  institution  within  the 
state  as  the  judge  may  designate.  Its  maintenance  in  such 
institution  shall  be  paid  as  the  law  provides  for  the  main- 
tenance of  dependent  children  committed  by  the  court  to 
such  custodial  institutions.  In  all  cases  where  a  child  is  so 
committed  to  an  institution  it  shall  be  placed  in  charge  of 
the  probation  officer  or  some  other  person  designated  by  the 
court,  to  be  conveyed  under  his  direction  to  the  designated 
institution,  and  the  actual  necessary  expense  thereby  in- 
curred shall  be  paid  by  the  board  of  county  commissioners. 
A  woman  shall  always  be  sent  as  such  attendant  with  girls 
so  committed. 

Expenses — Special  Levy. 

SEC.  12.  For  the  defraying  of  the  expenditures  necessary 
in  the  carrying  out  of  the  provisions  of  this  statute,  common 
school  corporations  of  this  state  are  empowered  to  levy  in 
addition  to  any  and  all  sums  otherwise  provided  by  law  an 
amount  of  special  school  revenue  not  exceeding  five  cents 
on  each  $100.00  of  taxable  property,  and  such  taxes  shall 
be  levied  and  collected  as  other  special  school  revenues. 

Duties  of  Enumerators. 

SEC.  13.  In  order  that  the  provisions -of  this  act  may  be 
moro  definitely  enforced,  it  is  hereby  provided  that  the 
enumerators  of  school  children,  in  taking  the  annual  school 
census  shall  ascertain  and  record  the  place  and  date  of  birth 
of  every  child  enumerated,  and  the  parent,  guardian,  or 
other  persons  having  control  or  charge  of  such  children, 
shall  subscribe  and  take  oath  or  affirmation  that  such  rec- 
ord is  true  to  the  best  of  his  information,  knowledge,  or  be 
lief.  The  enumerator  is  hereby  empowered  to  administer 
such  oath  or  affirmation  and  any  parent,  guardian,  or  other 
person  having  control  or  charge  of  children,  who  shall  re- 
fuse to  take  such  oath  or  affirmation,  unless  the  refusal  be 
based  upon  the  want  of  knowledge,  information,  or  belief, 
shall  be  adjudged  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  in  any  sum  not  less  than  one 
dollar  ($1.00). 


80 

Information  for  Attendance  Officer. 

SEC.  14.  On  or  before  the  first  day  of  each  school  year 
the  executive  officer  of  each  school  corporation  shall  fur- 
nish the  attendance  officer  thereof  with  the  names  of  the 
children,  subject  to  the  provisions  of  this  act,  who  are  enu- 
merated in  the  regular  enumeration  lists.  These  names  shall 
be  alphabetically  arranged,  and  such  official  shall  give  to  the 
attendance  officer  all  information  contained  in  the  regular 
enumeration  returns  concerning  the  children  so  listed.  The 
county  and  e,ach  school  corporation,  shall  provide  its  own 
attendance  officers  with  the  necessary  postage  and  such 
blanks  as  may  be  required  by  the  state  board  of  truancy  or 
the  state  superintendent  of  public  instruction  pertaining  to 
the  due  execution  of  the  duties  of  such  attendance  officers. 

Penalty. 

SEC.  15.  Any  parent,  guardian,  or  other  person  having 
control  or  charge  of  children  who  shall  permit  the  employ- 
ment of  any  child  in  violation  of  section  2  of  this  act  and 
any  one  who  shall  employ  a  child  in  violation  of  that  sec- 
tion and  any  person  who  shall  violate  any  provision  of  this 
act,  for  which  offense  no  penalty  is  hereinbefore  denounced, 
shall  be  guilty  of  a  misdemeanor  and  upon  conviction  there- 
of shall  be  fined  not  less  than  ten  dollars,  nor  more  than 
fifty  dollars. 

Repeal. 

SEC.  16.  The  statute  of  1901,  in  force  March  11,  1901 
(session  laws  of  1901,  page  470)  entitled  "An  act  concern- 
ing the  education  of  children, "  and  all  acts  supplemental 
thereof  and  amendatory  thereto,  and  all  other  laws  and 
parts  of  laws  in  so  far  as  in  conflict  to  the  provisions  of 
this  act,  are  hereby  repealed. 

Emergency. 

SEC.  17.  An  emergency  is  hereby  declared  to  exist  for 
the  immediate  taking  effect  of  this  act  and  the  same  shall, 
therefore,  be  in  force  from  and  after  its  passage. 


81 


[H.  101.  Approved  February  22,  1913.] 

Vocational  Education. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  The  following  words  and  phrases  as  used 
in  this  act  shall,  unless  a  different  meaning  is  plainly  re- 
quired by  the  context,  have  the  following  meanings : 

1.  "Vocational  education"  shall  mean  any  education  the 
controlling  purpose  of  which  is  to  fit  for  profitable  employ- 
ment. 

2.  "Industrial  education"  shall  mean  that  form  of  vo- 
cational education  which  fits  for  the  trades,  crafts  and  wage- 
earning  pursuits,   including  the   occupation   of  girls   and 
women  carried  on  in  stores,  workshops,  and  other  establish- 
ments. 

3.  "Agricultural  education"  shall  mean  that  form  of 
vocational  education  which  fits  for  the  occupations  con- 
nected with  the  tillage  of  the  soil,  the  care  of  domestic  ani- 
mals, forestry  and  other  wage-earning  or  productive  work 
on  the  farm. 

4.  "Domestic  science"  education  shall  mean  that  form 
of  vocational  education  which  fits  for  occupations  connected 
with  the  household. 

5.  "Industrial,  agricultural  or  domestic  science  school 
or  department"  shall  mean  an  organization  of  courses,  pu- 
pils and  teachers  designed  to  give  either  industrial,  agri- 
cultural or  domestic  science  education  as  herein  defined, 
under  a  separate  director  or  head. 

6.  "Approved  industrial,  agricultural  or  domestic  sci- 
ence school  or  department"  shall  mean  an  organization 
under  a  separate  director  or  head,  of  courses,  pupils  and 
teachers  approved  by  the  state  board  of  education  designed 
to  give  either  industrial,  agricultural  or  domestic  science 
education  as  herein  defined. 

7.  ' l  Evening  class ' '  in  an  industrial,  agricultural  or  do- 
mestic science  school  or  department  shall  mean  a  class  giv- 
ing such  training  as  can  be  taken  by  persons  already  em- 
ployed during  the  working  day,  and  which  in  order  to  be 
called   vocational   must   in   its   instruction   deal   with   the 
subject-matter  of  the  day  employment,  and  be  so  carried  on 
as  to  relate  to  the  day  employment ;  but  evening  classes  in 


6—32737 


82 

domestic  science  relating  to  the  home  shall  be  open  to  all 
women  over  seventeen  who  are  employed  in  any  capacity 
during  the  day. 

8.  "Part-time  classes"  in  an  industrial,  agricultural  or 
domestic  science  school  or  department,  shall  mean  a  voca- 
tional class  for  persons  giving  a  part  of  their  working  time 
to  profitable  employment  and  receiving  in  the  part-time 
school  or  department,  instruction  complimentary  to  the 
practical  work  carried  on  in  such  employment.  To  give  a 
part  of  their  working  time  such  persons  must  give  a  part 
of  each  day,  week  or  longer  period  to  such  part-time  class 
during  the  period  in  which  it  is  in  session. 

Establishment  of  Schools. 

SEC.  2.  Any  school  city,  town  or  township  may  through 
its  board  of  school  trustees  or  school  commissioners  or 
township  trustee,  establish  vocational  schools  or  depart- 
ments for  industrial,  agricultural  and  domestic  science  ed- 
ucation in  the  same  manner  as  other  schools  and  depart- 
ments are  established  and  may  maintain  the  same  from  the 
common  school  funds  or  from  a  special  tax  levy  not  to  ex- 
ceed 10  cents  on  each  $100  of  taxable  property,  or  partly 
from  the  common  school  funds  and  partly  from  such  tax. 
School  cities,  towns  and  townships  are  authorized  to  main- 
tain and  carry  on  instruction  in  elementary  domestic  sci- 
ence, industrial  and  agricultural  subjects  as  a  part  of  the 
regular  course  of  instruction. 

Classes — How  Divided. 

SEC.  3.  In'  order  that  instruction  in  the  principles  and 
practice  of  the  arts  may  go  on  together,  vocational  schools 
and  departments  for  industrial,  agricultural  and  domestic 
science  education  may  offer  instruction  in  day,  part-time 
and  evening  classes.  Such  instruction  shall  be  of  less  than 
college  grade  and  be  designed  to  meet  the  vocational  needs 
of  persons  over  14  years  of  age  who  are  able  to  profit  by 
the  instruction  offered.  Attendance  upon  such  day  or  part- 
time  classes  shall  be  restricted  to  persons  over  14  and  under 
25  years  of  age;  and  upon  such  evening  classes  to  persons 
over  17  years  of  age. 


83 

Co-operative  Schools. 

SEC.  4.  Two  or  more  school  cities,  towns  or  townships 
or  combinations  thereof,  may  co-operate  to  establish  and 
maintain  vocational  schools  or  departments  for  industrial, 
agricultural  or  domestic  science  education  or  in  supervising 
the  same,  whenever  the  school  board  or  township  trustees 
of  such  school  cities,  towns  or  townships  shall  so  determine 
and  apportion  the  cost  thereof  among  the  cities,  towns 
and  townships  co-operating.  Whenever  such  co-operative 
schools  or  departments  have  been  determined  upon  by  any 
school  cities,  towns  or  townships,  or  combination  thereof, 
the  presidents  of  the  school  boards  of  the  cities  or  towns 
and  the  township  trustees  of  the  townships  co-operating 
shall  constitute  a  board  for  the  management  of  such  school 
or  department,  such  board  may  adopt  for  a  period  of  one 
year  or  more,  a  plan  of  organization,  administration  and 
support  for  such  school  or  department  and  the  plan,  if 
approved  by  the  state  board  of  education,  shall  constitute 
a  binding  contract  between  cities,  towns  and  townships  en- 
tering into  a  co-operation  to  support  such  schools  and 
courses  which  shall  be  cancelled  or  annulled  only  by  the 
vote  of  a  majority  of  the  school  boards  or  township  trus- 
tees of  such  school  cities,  towns  or  townships  and  the  ap- 
proval of  the  state  board  of  education. 

Studies — How  Outlined. 

SEC.  5.  Elementary  agriculture  shall  be  taught  in  the 
grades  in  all  town  and  township  schools;  elementary  in- 
dustrial work  shall  be  taught  in  the  grades  in  all  city  and 
town  schools,  and  elementary  domestic  science  shall  be 
taught  in  the  grades  in  all  city,  town  and  township  schools. 
The  state  board  of  education  shall  outline  a  course  of  study 
for  each  of  such  grades  as  they  may  determine  which  shall 
be  followed  as  a  minimum  requirement.  The  board  shall 
also  outline  a  course  of  study  in  agriculture,  domestic  sci- 
ence and  industrial  work,  which  they  may  require  city,  town 
and  township  high  schools  to  offer  as  regular  courses. 
After  September  1,  1915,  all  teachers  required  to  teach  ele- 
mentary agriculture,  industrial  work  or  domestic  science 
shall  have  passed  an  examination  in  such  subjects  prepared 
by  the  state  board  of  education. 


84 

State  Board  of  Education — Duties. 

SEC.  6.  The  state  board  of  education  is  hereby  author- 
ized and  directed  to  investigate  and  to  aid  in  the  introduc- 
tion of  industrial,  agricultural  and  domestic  science  educa- 
tion, to  aid  cities,  towns  and  townships  to  initiate  and 
superintend  the  establishment  and  maintenance  of  schools 
and  departments  for  the  aforesaid  forms  of  education ;  and 
to  supervise  and  approve  such  schools  and  departments,  as 
hereinafter  provided.  The  board  of  education  shall  make 
a  report  annually  to  the  general  assembly  describing  the 
condition  and  progress  of  industrial,  agricultural  and  do- 
mestic science  education  during  the  year  and  making  such 
recommendations  as  they  may  deem  advisable. 

State  Board  Comprised  of. 

SEC.  7.  The  state  board  of  education  shall  consist  of  the 
superintendent  of  public  instruction,  the  presidents  of 
Purdue  university,  the  State  university  and  the  State  nor- 
mal school,  the  superintendents  of  schools  of  the  three 
cities  having  the  largest  enumeration  of  children  for  school 
purposes  annually  reported  to  the  state  superintendent  of 
public  instruction,  as  provided  by  law,  three  citizens  active- 
ly engaged  in  educational  work  in  the  state,  at  least  one  of 
whom  shall  be  a  county  superintendent  of  schools,  and 
three  persons  actively  interested  in,  and  of  known  sym- 
pathy with,  vocational  education,  one  of  whom  shall  be  a 
representative  of  employes  and  one  of  employers. 

The  governor  shall  appoint  the  members  of  the  board, 
except  the  ex  officio  members,  for  a  term  of  four  years. 

In  the  first  instance  one  member  shall  be  appointed  for 
two  years,  one  for  three  years  and  one  for  four  years.  The 
present  appointive  members  shall  serve  until  the  expiration 
of  the  time  for  which  they  were  appointed.  The  governor 
shall  fill  all  vacancies  occurring  in  the  board  for  the  unex- 
pired  term,  and  each  member  shall  serve  until  his  successor 
shall  have  been  appointed  and  qualified. 

The  superintendent  of  public  instruction  shall,  ex  officio, 
be  president  of  the  board,  and  in  his  absence  the  members 
present  shall  elect  a  president  pro  tempore.  The  board 
shall  elect  one  of  its  members  secretary  and  treasurer,  who 
shall  have  the  custody  of  its  records,  papers  and  effects, 


85 

and  shall  keep  minutes  of  its  proceedings.  The  records, 
papers,  effects  and  minutes  shall  be  kept  at  the  office  of  the 
superintendent,  and  shall  be  open  for  inspection.  The  board 
shall  meet  upon  the  call  of  the  president,  or  a  majority  of 
its  members,  at  such  place  in  the  state  as  may  be  designated 
in  the  call.  They  shall  adopt  and  use  a  seal,  on  the  face 
of  which  shall  be  the  words  "Indiana  state  board  of  edu- 
cation," or  such  other  device  or  motto  as  the  board  may 
direct,  an  impression  and  written  description  of  which  shall 
be  recorded  on  the  minutes  of  the  board  and  filed  in  the 
office  of  the  secretary  of  state,  which  seal  shall  be  used  for 
the  authentication  of  the  acts  of  the  board  and  the  impor- 
tant acts  of  the  superintendent  of  public  instruction. 

The  board  shall  have  all  the  powers  and  perform  all  the 
duties  now  imposed  by  law  on  the  state  board  of  education. 

Appointments — How  Made. 

SEC.  8.  The  state  superintendent  of  public  instruction, 
with  the  advice  and  approval  of  the  state  board  of  educa- 
tion, shall  appoint  a  deputy  superintendent  in  charge  of 
industrial  and  domestic  science  education  who  shall  act 
under  the  direction  of  the  state  superintendent  of  public 
instruction  in  carrying  out  the  provisions  of  this  act.  The 
salary  and  term  of  office  of  such  deputy  shall  be  fixed  by 
the  board  and  he  shall  be  removable  by  the  board  only  for 
cause. 

The  state  superintendent,  with  the  approval  of  the  state 
board  of  education,  is  authorized  to  co-operate  with  Purdue 
university  in  the  appointment  of  some  person  actively  con- 
nected with  the  agricultural  extension  work  at  Purdue  as 
an  agent  in  supervising  agricultural  education,  who  shall 
serve  in  a  dual  capacity  as  an  agent  of  the  state  superin- 
tendent and  an  assistant  at  Purdue  university.  The  board 
and  the  authorities  of  Purdue  university  may  fix  the  pro- 
portion of  the  salary  of  such  agent  to  be  borne  by  the  state 
and  by  the  university.  Such  person  shall  be  subject  to  re- 
moval for  cause  by  the  state  board  of  education. 

All  expenses  incurred  in  discharge  of  their  duties  by 
deputies  and  agents  shall  be  paid  by  the  state  from  funds 
provided  for  in  this  act. 


86 

Advisory  Committee. 

SEC.  9.  Boards  of  education  or  township  trustees  admin- 
istering approved  vocational  schools  and  departments  for 
industrial,  agricultural  or  domestic  science  education,  shall, 
under  a  scheme  to  be  approved  by  the  state  board  of  educa- 
tion, appoint  an  advisory  committee  composed  of  members 
representing  local  trades,  industries  and  occupations.  It 
shall  be  the  duty  of  the  advisory  committee  to  counsel  with 
and  advise  the  board  and  other  school  officials  having  the 
management  and  supervision  of  such  schools  or  depart- 
ments. 

Admission  to  Schools — To  Whom  Made. 

SEC.  10.  Any  resident  of  any  city,  town  or  township  in 
Indiana,  which  does  not  maintain  an  approved  vocational 
school  or  department  for  industrial,  agricultural  or  domes- 
tic science  education  offering  the  type  of  training  which  he 
desires,  may  make  application  for  admission  to  such  school 
or  department  maintained  by  another  city,  town  or  town- 
ship or  any  school  of  secondary  grade  maintaining  an  ap- 
proved industrial,  agricultural  or  domestic  science  school  or 
department.  The  state  board  of  education,  whose  decision 
shall  be  final,  may  approve  or  disapprove  such  application. 
In  making  such  decision  the  board  shall  take  into  considera- 
tion the  opportunities  for  free  vocational  training  in  the 
community  in  which  the  applicant  resides;  the  financial 
status  of  the  community;  the  age,  sex,  preparation,  apti- 
tude and  previous  record  of  the  applicant,  and  all  other 
relevant  circumstances. 

The  school  city  or  town  or  township  in  which  the  person 
resides,  who  has  been  admitted  as  above  provided,  to  an 
approved  vocational  school  or  department  for  industrial, 
agricultural  or  domestic  science  education,  maintained  by 
another  city,  town  or  township  or  other  school,  shall  pay 
such  tuition  fee  as  may  be  fixed  by  the  state  board  of  educa- 
tion, and  the  state  shall  reimburse  such  school  city  or  town 
or  township  as  provided  for  in  this  act.  If  any  school  city 
or  town  or  township  neglects  or  refuses  to  pay  for  such 
tuition,  it  shall  be  liable  therefor  in  an  action  of  contract 
to  the  school  city  or  town  or  township  or  cities  and  towns 
and  townships  or  other  school  maintaining  the  school  which 
the  pupil  with  the  approval  of  the  said  board  attended. 


87 

Compulsory  Attendance. 

SEC.  11.  In  case  the  board  of  education  or  township 
trustee  of  any  city,  town  or  township  have  established  ap- 
proved vocational  schools  for  the  instruction  of  youths  over 
fourteen  years  of  age  who  are  engaged  in  regular  employ- 
ment, in  part-time  classes,  and  have  formally  accepted  the 
provisions  of  this  section,  such  board  or  trustee  are  author- 
ized to  require  all  youths  between  the  ages  of  fourteen  and 
sixteen  years  who  are  regularly  employed,  to  attend  school 
not  less  than  five  hours  per  week  between  the  hours  of  8 
a.  m.  and  5  p.  m.  during  school  term. 

County  Agent — Petition. 

SEC.  12.  Whenever  twenty  or  more  residents  of  a  county, 
who  are  actively  interested  in  agriculture,  shall  file  a  peti- 
tion with  the  county  board  of  education  for  a  county  agent, 
together  with  a  deposit  of  $500.00  to  be  used  in  defraying 
expenses  of  such  agent,  the  county  board  of  education  shall 
file  said  petition,  within  thirty  days  of  its  receipt,  with  the 
county  council,  which  body  shall,  upon  receipt  of  such  peti- 
tion, appropriate  annually  the  sum  of  $1,500.00  to  be  used 
in  paying  the  salary  and  other  expenses  of  said  county 
agent.  When  the  county  appropriation  has  been  made  the 
county  board  of  education  shall  apply  to  Purdue  university 
for  the  appointment  of  a  county  agent  whose  appointment 
shall  be  made  annually  and  be  subject  to  the  approval  of  the 
county  board  of  education,  and  the  state  board  of  education. 
When  such  appointment  has  been  made,  there  shall  be  paid 
annually  from  the  state  fund  provided  for  in  this  act,  to 
Purdue  university,  to  be  paid  to  the  county  providing  for  a 
county  agent,  an  amount  sufficient  to  pay  one-half  the  an- 
nual salary  of  the  county  agent  appointed  as  herein  pro- 
vided :  Provided,  That  not  more  than  $1,000  shall  be  appro- 
priated to  any  one  county:  Provided,  further,  That  not 
more  than  thirty  (30)  counties  during  the  year  ending  Sep- 
tember 30,  1914;  and  sixty  (60)  counties  during  the  year 
ending  September  30,  1915,  shall  be  entitled  to  state  aid.  It 
shall  be  the  duty  of  such  agent,  under  the  supervision  of 
Purdue  university,  to  co-operate  with  farmers'  institutes, 
farmers'  clubs  and  other  organizations,  conduct  practical 
farm  demonstrations,  boys'  and  girls'  clubs  and  contest 
work  and  other  movements  for  the  advancement  of  agricul- 


88 

ture  and  country  life  and  to  give  advice  to  farmers  on  prac- 
tical farm  problems  and  aid  the  county  superintendent  of 
schools  and  the  teachers  in  giving  practical  education  in 
agriculture  and  domestic  science.  The  county  board  of  edu- 
cation is  hereby  authorized  to  file  monthly  bills  covering 
salary  and  expenses  of  county  agent,  the  same  to  be  ap- 
proved by  Purdue  university,  with  the  county  auditor  who 
shall  draw  his  warrant  or  warrants  on  the  county  treasurer 
for  the  payment  of  same. 

Cities  and  Towns — Reimbursed. 

SEC.  13.  Vocational  schools  or  departments  for  indus 
trial,  agricultural  and  domestic  science  education  shall  so 
long  as  they  are  approved  by  the  state  board  of  education 
as  to  organization,  location,  equipment,  courses  of  study, 
qualifications  of  teachers,  methods  of  instruction,  conditions 
of  admission,  employment  of  pupils  and  expenditures  of 
money,  constitute  approved  vocational  schools  or  depart- 
ments. •  School  cities  and  towns  and  townships  maintaining 
such  approved  vocational  schools  shall  receive  reimburse- 
ment as  provided  in  this  act. 

State  Maintenance. 

SEC.  14.  The  state,  in  order  to  aid  in  the  maintenance  of 
approved  vocational  schools  or  departments  for  industrial, 
agricultural  and  domestic  science  education,  shall,  as  pro- 
vided in  this  act,  pay  annually  to  school  cities  and  towns 
and  townships  maintaining  such  schools  and  departments 
an  amount  equal  to  two-thirds  of  the  sum  expended  for  in- 
struction in  vocational  and  technical  subjects  authorized 
and  approved  by  the  state  board  of  education.  Such  cost 
of  instruction  shall  consist  of  the  total  amount  raised  by 
local  taxation  and  expended  for  the  teachers  of  approved 
vocational  and  technical  subjects.  School  cities  and  towns 
and  townships  that  have  paid  claims  for  tuition  in  approved 
vocational  schools  shall  be  reimbursed  by  the  state  as  pro- 
vided in  this  act,  to  the  extent  of  one-half  the  sums  ex- 
pended by  such  school  cities  and  towns  and  townships  in 
payment  of  such  claims. 


89 

Claims  for  Reimbursement. 

SEC.  15.  Any  school  city,  town  or  township  having  claims 
for  reimbursement  against  the  state  under  the  provisions 
of  this  act  shall  present  the  same  to  the  state  board  of  edu- 
cation on  or  before  July  1st  of  each  year  immediately  fol- 
lowing the  completion  of  the  work  for  which  they  are  enti- 
tled to  reimbursement  from  the  state.  The  board  shall  if 
they  approve  the  claim  authorize  its  payment  by  the  auditor 
of  state  who<  shall  thereupon  draw  his  warrant  on  the  treas- 
urer of  state  for  the  payment  of  the  amount  due  such  school 
city,  town  or  township,  from  the  fund  provided  in  this  act. 

Annual  Levy. 

SEC.  16.  To  provide  a  state  fund  to  carry  out  the  pro- 
visions of  this  act,  there  shall  be  levied  annually  as  a  part 
of  the  state  common  school  levy  an  additional  levy  of  one 
cent  on  each  one  hundred  dollars  of  taxable  property  in  the 
state,  which  shall  constitute  a  fund  for  the  purposes  of  this 
act.  Any  part  of  the  fund  remaining  at  the  close  of  any 
fiscal  year  shall  be  placed  by  the  treasurer  of  state  in  a 
permanent  fund  for  vocational  education,  the  proceeds  of 
which  shall  be  used  to  aid  in  carrying  out  the  provisions  of 
this  act. 

Salaries  and  Expenses. 

SEC.  17.  A  sum  sufficient  to  pay  the  salaries  and  expenses 
of  the  deputies,  agents  and  employes  in  carrying  out  the 
provisions  of  this  act,  and  an  amount  sufficient  to  carry  out 
the  provisions  of  section  12  is  hereby  appropriated  annu- 
ally for  two  years,  to  be  available  on  and  after  April  1, 1913. 
Thereafter  all  salaries  and  expenses  shall  be  paid  from  the 
fund  provided  for  in  this  act. 

When  Effective. 

SEC.  18.  This  act  shall  take  effect  as  to  the  provisions 
for  state  aid  to  approved  vocational  schools  at  the  begin- 
ning of  the  school  year  1914-1915.  All  other  provisions  of 
this  act,  including  the  provisions  for  a  county  agent,  as  pro- 
vided in  section  12,  shall  be  in  force  from  and  after  its 
publication. 


90 

Repeal. 

SEC.  19.  All  laws  and  parts  of  laws  in  conflict  herewith 
are  hereby  repealed. 

[S.    137.     Approved   March    1,    1913.] 

Schools — Agricultural   and  Domestic  Science — Petition- 
Levy. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  whenever  twenty-five  (25)  per  cent, 
of  the  legal  voters  of  any  township,  in  the  State  of  Indiana, 
wherein  is  situated  a  township  high  school,  shall  petition  the 
township  trustee,  of  such  township,  for  the  erection,  con- 
struction and  equipping  of  a  room  or  building  upon  the 
grounds  or  real  estate  upon  which  such  high  school  is  situ- 
ate, in  which  to  teach  and  instruct  the  students  of  such 
township  in  the  arts  of  agriculture,  domestic  science,  or 
physical  or  practical  mental  culture,  and  in  which  to  hold 
school  or  township  entertainments,  or  to  be  used  for  town- 
ship purposes,  the  township  trustee,  with  the  concurrence 
of  the  advisory  board  of  such  township,  shall  be  authorized 
and  empowered  to  provide  such  room  or  building,  as  may 
best  suit  such  needs  in  such  township,  by  erecting,  building 
and  equipping  such  room  or  building,  as  aforesaid,  to  meet 
the  requirements  and  necessities  therefor. 

Buildings — Bonds  Issued. 

SEC.  2.  For  the  purpose  of  raising  funds  for  the  build- 
ing and  construction  of  such  room  or  building,  as  is  pro- 
vided in  section  1  of  this  act,  the  township  trustee  of  such 
township  is  hereby  authorized  and  empowered,  with  the  con- 
currence and  sanction  of  the  advisory  board  of  such  town- 
ship, to  issue  and  sell  the  bonds  of  such  township  in  an 
amount  sufficient  to  pay  for  the  construction  and  equipping 
of  such  room  or  building,  and  to  levy  a  tax  on  the  taxable 
property  of  such  township  in  an  amount  sufficient  to  dis- 
charge and  satisfy  such  bonds  so  issued  and  sold;  provided, 
such  bonds  shall  be  in  equal  series,  and  shall  fall  due,  one 
each  year,  for  a  period  of  ten  (10)  years:  Provided,  fur- 
ther, That  an  amount  not  exceeding  one  (1)  per  cent,  of  the 
total  amount  of  taxable  property  of  any  township  may  be 


91 

used  and  expended  for  the  purpose  of  carrying  out  the  pro- 
visions of  this  act. 

Township  Trustee — Maintenance. 

SEC.  3.  The  township  trustee,  of  any  township,  in  the 
State  of  Indiana,  shall,  by  the  provisions  of  the  act  being 
first  complied  with,  shall  cause  such  room  or  building  to  be 
constructed  and  equipped  for  the  teaching  and  instruction 
of  agriculture  science,  domestic  science,  physical  culture, 
practical  mental  culture,  or  in  which  to  hold  any  school  or 
township  entertainments,  or  for  other  township  purposes, 
may,  and  he  is  hereby  authorized  and  empowered  to  main- 
tain such  room  or  building,  for  the  purpose  aforesaid,  and 
to  make  a  levy  of  taxes,  on  the  taxable  property  of  such 
township,  sufficient  to  raise  the  necessary  funds  with  which 
to  maintain  such  room  or  building,  and  to  conduct  therein 
the  courses  of  instruction  mentioned  herein. 

Emergency. 

SEC.  4.  An  emergency  is  hereby  declared  to  exist  for  the 
immediate  taking  effect^of  this  act,  and  the  same  shall  be  in 
full  force  and  effect  from  and  after  its  passage. 

[H.   384.     Approved   March   6,    1913.] 

Schools— Cities  of  Fifth  Class— Charge  of  Public  Library. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  section  1  of  an  act  entitled  "  An  act 
to  amend  an  act  entitled  'An  act  to  establish  public  libra- 
ries in  connection  with  the  common  schools  in  all  cities  of 
10,000  or  more  inhabitants,  and  to  define  the  duties  and 
powers  of  boards  of  school  trustees,  etc.,  in  relation  there- 
to/ approved  March  7,  1881,  to  extend  the  provisions  of 
said  act  to  all  cities  and  incorporated  towns  in  the  state." 

That  in  all  the  cities  and  incorporated  towns  of  this  state 
the  board  of  school  trustees,  board  of  school  commissioners, 
or  whatever  board  may  be  established  by  law  to  take  charge 
of  the  public  or  common  schools  of  said  city  or  incorporated 
town,  shall  have  power,  if  in  their  discretion  they  deem  it 
to  the  public  interest,  to  establish  a  free  public  library  in 
connection  with  the  common  schools  of  said  city  or  incor- 


92 

porated  town,  and  to  make  such  rules  and  regulations  for 
the  care  and  protection  and  government  of  such  library 
and  for  the  care  of  the  books  provided  therefor,  and  for  the 
taking  from  and  returning  to  said  library  of  such  books  as 
the  said  board  may  deem  necessary  and  proper;  and  to 
provide  penalties  for  the  violation  thereof:  Provided, 
That  in  any  city  or  incorporated  town  where  there  is  al- 
ready established  a  library  open  to  all  the  people,  no  tax 
shall  be  levied  for  the  purpose  herein  named :  Provided, 
further,  That  in  all  cities,  having  according  to  the  last  pre- 
ceding United  States  census  not  less  than  four  thousand 
(4,000)  nor  more  than  four  thousand  five  hundred  (4,500) 
population,  in  which  there  is  a  public  library  open  to  all 
the  people  already  established  under  the  library  laws  of 
this  state,  supported  in  whole  or  in  part  by  taxation,  such 
board  of  school  trustees,  board  of  school  commissioners, 
or  other  board  established  by  law  to  take  charge  of  the 
public  or  common  schools  of  said  city  or  incorporated  town, 
shall  have  the  power,  by  and  with  the  consent  of  the  public 
library  board  in  charge  of  such  library  already  established, 
to  take  over,  receive  and  take  full  charge  of  such  estab- 
lished library,  together  with  all  the'property,  whether  real, 
personal  or  mixed,  and  support,  maintain  and  operate  such 
library  the  same  as  if  such  library  had  been  originally  es- 
tablished by  such  board,  and  for  the  purpose  of  supporting, 
maintaining,  increasing  and  operating  such  library,  such 
board  shall  have  the  power  and  authority  to  receive  gifts 
and  donations,  and  shall  have  the  same  power  of -taxation  as 
vested  by  law  in  the  public  library  board  from  which  such 
library  was  taken  over  and  received. 

[H.  463.     Approved   March   15,   1913.] 

Legal  Holiday — Discovery  Day. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  section  one  (1)  of  the  above  entitled 
act  be  and  the  same  is  hereby  amended  to  read  as  follows : 
Section  1.  The  first  day  of  the  week,  commonly  called  Sun- 
day; the  first  day  of  January,  commonly  called  New  Year's 
day;  the  fourth  day  of  July;  the  twenty-fifth  day  of  De- 
cember, commonly  called  Christmas  day;  any  day  appoint- 


93 

ed  or  recommended  by  the  president  of  the  United  States 
or  the  governor  of  Indiana  as  a  day  of  public  fasting  or 
thanksgiving;  the  twelfth  day  of  February,  commonly 
called  Lincoln's  birthday;  the  twenty-second  day  of  Febru- 
ary, commonly  called  Washington's  birthday;  the  thirtieth 
day  of  May,  commonly  called  memorial  day ;  the  first  Mon- 
day of  September,  commonly  called  labor  day;  the  twelfth 
day  of  October,  commonly  known  as  discovery  day;  and 
the  day  of  any  general,  national  or  state  election,  shall  be 
legal  holidays  within  the  State  of  Indiana  for  all  purposes. 
And  when  any  of  said  holidays  (other  than  Sunday)  comes 
on  Sunday,  the  Monday  next  succeeding  shall  be  the  legal 
holiday. 

[S.  113.  Approved  February  28,  1913.] 

Soldiers  and  Sailors — Enumeration. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  beginning  with  the  year  1913,  and 
every  year  thereafter,  the  school  trustees  of  the  several 
townships,  towns  and  cities  of  this  state,  at  the  time  when 
they  take  or  cause  to  be  taken,  the  enumeration  of  all  un- 
married persons  between  the  ages  of  six  (6)  and  twenty- 
one  (21)  years,  resident  within  the  respective  townships, 
towns  or  cities,  as  provided  for  in  the  laws  of  this  state, 
shall  likewise  be  required  to  take  or  cause  to  be  taken,  by 
the  same  person  who  takes  such  school  enumeration,  a  sup- 
plementary enumeration  of  all  persons  living  within  such 
townships,  who  served  in  the  army  or  navy  of  the  United 
States  during  the  Mexican  war.  the  Civil  war  or  the  Span- 
ish-American war,  or  who  have  served  one  or  more  enlist- 
ments in  the  United  States  army,  the  United  States  navy, 
or  the  national  guards.  In  taking  or  causing  to  be  taken 
such  supplementary  enumeration,  the  trustee  or  person  so 
employed  shall  list  the  full  names  and  ages  of  such  soldiers 
and  sailors,  the  company,  regiment  or  battery  in  which  they 
served,  and  the  state  from  which  they  enlisted.  Each  per- 
son required  or  employed  to  take  such  enumeration  shall 
take  the  same  accurately  and  truly  to  the  best  of  his  skill 
and  abilitv. 


94 

Duplicate  Lists — Filed  with  State  Library. 

SEC.  2.  Such  supplementary  enumeration  lists  shall  be 
prepared  in  duplicate,  on  separate  sheets  or  lists,  which 
shall  be  provided  for  that  purpose.  And  when  the  enumera- 
tion of  all  such  soldiers  and  sailors  shall  have  been  com- 
pleted and  when  the  duplicate  enumeration  lists,  herein 
provided  for,  shall  have  been  prepared  and  authenticated, 
the  township  trustee  of  each  and  every  township  in  this 
state  shall  deposit  one  (1)  copy  of  such  supplementary 
enumeration  lists  in  the  office  of  the  clerk  of  the  circuit 
court  of  the  county  in  which  his  township  is  situated,  and 
he  shall  enclose  such  other  list  securely  in  an  envelope  and 
mail  it  to  the  state  librarian  of  this  state,  and  the  lists  so 
secured  and  obtained  shall  be  classified  and  bound  and  de- 
posited in  the  archives  of  the  state  library. 

Emergency. 

SEC.  3.  Whereas,  an  emergency  exists  for  the  immedi- 
ate taking  effect  of  this  act,  the  same  shall  be  in  full  force 
and  effect  from  and  after  its  passage. 

[H.   301.     Approved   March    15,    1913.] 

Preamble. 

WHEREAS,  The  board  of  school  trustees  of  the  school  town 
of  French  Lick,  Indiana,  did  on  the  19th  day  of  August. 
1912,  enter  into  a  certain  contract  with  one,  William  H. 
Lutes,  for  the  erection  of  a  heating  plant  in  connection 
with  the  public  school  buildings  in  said  town  and  for  the 
construction  of  sewers,  closets  and  making  repairs  on 
said  buildings,  which  contract  was  made  pursuant  to  a 
certain  resolution  of  said  board,  enacted  for  the  purpose ; 
and 

WHEREAS,  Pursuant  to  said  contract  said  work  so  contracted 
was  done  and  turned  over  to  and  accepted  by  said  school 
town,  and  said  town  has  ever  since  had  the  use  and  bene- 
fit of  said  improvements ;  and 

WHEREAS,  Said  school  trustees,  pursuant  to  a  resolution  of 
the  board  of  trustees  of  said  town  of  French  Lick,  issued 
bonds  of  said  school  town  in  the  sum  of  four  thousand 


,•95 ..,-.-.:.  ... 

:...p;..::'-.-K:.-.-v". 

dollars  ($4,000.00)  for  the  purpose  of  raising  revenue  s,uf- 
ficient  to  pay  for  said  improvements ;  and 

WHEREAS,  Said  bonds  were  duly  advertised  and  offered  for 
sale  by  said  board  of  school  trustees  on  the  12th  day  of 
October,  1912,  and  were  duly  sold  to  said  contractor  on 
said  day;  and 

WHEREAS,  Some  questions  have  arisen  as  to  the  regularity 
and  validity  of  said  proceedings  for  said  improvements, 
and  of  the  contract  made  and  bonds  issued  and  sold 
thereunder; 

THEREFORE,  For  the  purpose  of  removing  such  doubts  as 
to  the  validity  and  regularity  of  said  proceedings,  includ- 
ing said  contract  and  said  bonds : 

French  Lick — Acts  of  School  Board  Legalized. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  all  proceedings  had  and  done  by  the 
board  of  school  trustees  of  the  school  town  of  French  Lick, 
Indiana,  during  the  year  1912,  of  and  concerning  the  con- 
struction of  a  heating  plant  in  connection  with  the  public 
school  buildings  of  said-  town  and  making  other  additions 
and  improvements  thereto,  including  a  certain  contract  for 
said  improvements  as  entered  into  for  the  purpose,  on  the 
19th  day  of  August,  1912,  including  the  bonds  issued  by 
said  board  on  the  15th  day  of  October,  1912,  for  the  pay- 
ment of  said  improvements,  and  all  and  singular  the  orders 
made,  steps  taken  and  things  done  by  said  board  and  others 
in  pursuance  of  and  subsequent  to  the  resolution  passed  by 
said  board  of  school  trustees  authorizing  said  improve- 
ments, or  in  connection  therewith,  including  the  acceptance 
of  said  improvements  and  the  sale  of  said  bonds,  are  here- 
by legalized  and  declared  valid:  Provided,  That  nothing 
in  this  act  shall  in  any  way  affect  any  suit  now  pending  in 
any  court  of  the  State  of  Indiana,  touching  any  of  the  mat 
ters  included  herein. 

Emergency. 

SEC.  2.  Whereas,  an  emergency  exists  for  the  immediate 
taking  effect  of  this  act,  the  same  shall  be  in  full  force  and 
effect  from  and  after  its  passage. 


96 

[S.   540.     Approved   March   14,    1913.] 

State  Song— " On  the  Banks  of  the  Wabash,  Far  Away." 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana,  That  the  song  entitled,  "On  the  Banks  of 
the  Wabash,  Far  Away,"  words  and  music  by  Paul  Dresser, 
be  and  is  hereby  established  as  the  state  song  of  Indiana. 
The  form  in  which  this  song  shall  be  sung  as  the  state  song 
of  Indiana  shall  be  as  follows : 

'Bound  my  Indiana  homestead  wave  tfye  cornfields, 
In  the  distance  loom  the  woodlands  clear  and  cool, 
Often  times  my  tho'ts  revert  to  scenes  of  childhood, 
Where  I  first  received  my  lessons — nature's  school. 
But  one  thing  there  is  missing  in  the  picture, 
Without  her  face  it  seems  so  incomplete, 
1  long  to  see  my  mother  in  the  doorway, 
As  she  stood  there  years  ago,  her  boy  to  greet. 

Chorus. 

Oh,  the  moonlight's  fair  tonight  along  the  Wabash, 
Prom  the  fields  there  comes  the  breath  of  new-mown  hay, 
Through  the  sycamores  the  candle  lights  are  gleaming, 
On  the  banks  of  the  Wabash,  far  away. 

Many  years  have  passed  since  I  strolled  by  the  river, 
Arm  in  arm,  with  sweetheart  Mary  by  my  side, 
It  was  there  I  tried  to  tell  her  that  I  loved  her, 
It  was  there  I  begged  of  her  to  be  my  bride. 
Long  years  have  passed  since  I  strolled  thro'  the  church- 
yard, 

She's  sleeping  there,  my  angel,  Mary  dear, 
I  loved  her,  but  she  thought  I  didn't  mean  it, 
Still  I  'd  give  my  future  were  she  only  here. 

[Approved  March  15,  1913.] 

State  Flower — Carnation. 

Be  it  Resolved,  By  the  House  of  Representatives,  the 
Senate  concurring,  That  the  carnation  be  and  the  same  is 
hereby  adopted  as  the  state  flower  of  the  State  of  Indiana. 


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